to go one step further and engage in a dating relationship with a sub-
Avoid mistakes
While a conscientious employer can go a long way toward creating a respectful workplace, it’s easy to let the ball drop in the rush of dai- ly business. “Employers tend to make several common errors,” says Harkins. “One is not repeating training frequently enough. Sometimes or 10 years.”
A second mistake is not escalating complaints high enough in the
chain of command. “Higher level people, including those in human resources or in the legal department for those businesses which have them, should review every reported incident.” Smaller organizations A third mistake is giving a harasser too many chances. “Sometimes a second chance is in order,” says Harkins. “Perhaps an ordinarily
Greater profits costly lawsuits. “People are often concerned about the legal liabilities been making the headlines recently,” says Gregg. “But legal liability should not be what drives the topic. It should be the realization that a Employees are more productive when they are not sidetracked by
“Create a respectful workplace not because the law makes you do it, - ees.” FM
well-behaved person commits an aberrational infraction, or there are some questions about proof.” Other times a complainant will ask that - er might take other remedial action,” says Harkins. “But if there is a second incident of harassment the employer should move to termi- nation.”
Workplace Dating: Yes or No?
Dating between supervisors and subordinates is a fact of life in many workplaces. What seems like a harmless relationship on the surface, however, can lead to disaster. Bad things can happen when a workplace romance comes to an
to view it as non-consensual from the beginning,” says James J. Mc- enforcement of an organization’s usual rules and standards may be interpreted as a form of retaliation.”
- nization policies. “Organizations are free to establish any policies they want regarding workplace dating,” says Bob Gregg, co-chair of the employment practice law group at Boardman and Clark LLC, Mad- may date any co-worker, or any supervised employee. Others allow consensual relations, but require the parties to notify management, While blanket prohibitions obviate immediate dangers, they can “I personally do not like the ‘no one will establish a relationship
with anyone here’ policy,” says Gregg. “It’s hard to enforce, and people think it’s draconian.”
So what’s a better idea? Gregg sometimes suggests a policy like this: “No one will use the workplace to make romantic advances, or to be overtly demonstrative. If you have a relationship with someone you su- pervise, or otherwise might have some impact on your work, we need to know promptly.” -
volved in romantic relationships may need to be transferred. That can - lated departments. “Smaller organizations have more issues resulting from romantic involvements,” says Gregg. Attorney McDonald sometimes recommends that employers go still further by requiring that involved parties sign a document formally - - report any change in the relationship to a non-consensual status.
“I
have never had anyone sign one of those agreements and then turn around and try to sue,” says McDonald. No matter what policy your organization adopts, individuals in su-
pervisory positions may want to think twice about engaging in work- place romances with subordinates. “I can think of no faster way to end a manager’s career than to engage in a dating relationship with a subordinate that ends badly,” says McDonald. “A lot of managers have felt they could handle it, when in fact they couldn’t.” FM
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