Isabel Smrstik
Associate Editor
Loyola University Chicago School of Law, JD 2027
When Coldplay unintentionally exposed their CEO’s affair with his co-worker, they reminded employers’ of the stark reality of romantic relationships in the workplace. With little time outside the office to meet people, 60% of adults admitted to having a workplace relationship in 2024. While employers are entitled to have their own policies, workplace relationships open up a world of legal risks, including sexual harassment, hostile work environments, and retaliation claims, all of which are regulated by the Equal Employment Opportunity Commission (EEOC). Implementing comprehensive workplace romance policies – such as those outlined in employee handbooks or formal “love contracts” – can help mitigate potential risks.
Risks in workplace romantic relationships
The most notable risk of romantic relationships in the workplace are sexual harassment claims. Under Title VII of the Civil Rights Act of 1964, sexual harassment – a form of sexual discrimination – is prohibited. Title VII applies to employment agencies, labor organizations, the federal government, and any employer with more than 14 employees. When the harassment is so severe or frequent that it creates a hostile work environment, or results in an adverse employment decision, such as demotion or termination, a sexual harassment claim may be filed. According to the EEOC a hostile work environment is created when harassing conduct that is based on a legally protected characteristic is so severe or frequent (some courts have used the word “pervasive”) that a reasonable person in the employee’s position would find the situation to be abusive.
Examples of sexual harassment include unwelcome sexual advances, requests for sexual favors, and comments or jokes about sex or private body parts. Sexual harassment can happen to anyone in the workplace, regardless of sex or gender, and the harasser can range in superiority, from a supervisor to a client. If an employee needs to file a sexual harassment claim with the EEOC, they should be informed of specific time restraints. There is usually only 180 days to file a charge with the EEOC, but there some state laws grant extensions. The 180 day limit is extended to 300 days if the state or local agency also enforces a law prohibiting employment discrimination on the same basis.
Another prevalent risk of a workplace romantic relationship is the fear of retaliation. Retaliation occurs “when an employer takes a materially adverse action because an applicant or employee asserts rights protected by the EEO laws”. Retaliation can occur even before any “protected activity” occurs, such as an employment policy that discourages the exercise of an employee’s equal employment opportunity rights. Employers must not punish an applicant or employee for communicating opposition to a perceived violation. However, any opposition by an employee must be conducted in a reasonable manner, threats of violence or badgering a subordinate employee are not protected opposition.
Retaliation charges are often linked with sexual harassment. Between 2018 and 2021, of the 27,921 sexual harassment charges filed, 43.5 % were concurrently filed with a retaliation charge. Retaliation can manifest itself in a variety of ways,such as negative or lowered evaluations, work-related threats, or threatening reassignment without proper justification. In order to prove a retaliation claim, there must be evidence that: an individual engaged in prior protected activity; the employer took a materially adverse action; and the retaliation caused the employer’s action.
What can an employer do?
While employers cannot control their employees’ personal lives, they can have comprehensive processes and systems for handling workplace relationships. The best place for employers to start is to implement clear policies within their employee handbook. The policies would not only lay out the essential regulations under the EEOC and state laws, but also would demonstrate the employer’s compliance with said regulations. Within the employee handbook, there should also be processes for reporting consensual employee relationships. This allows the employer to have notice of the relationship and begin taking any necessary steps on their end to preserve safe work environments.
Another potential avenue an employer may choose to take is utilizing so-called “love contracts.” Love contracts are agreements signed by two employees involved in a consensual, romantic relationship. The contract represents the consensual nature of the relationship and also acknowledges the employer’s anti-harassment policies and rules. The contract is drafted in favor of the employer and is based on federal laws. Love contracts help reduce employer liability by ensuring relationships are consensual and thus preserve a safe work environment.
Unfortunately, workplace romantic relationships are inevitable. With these relationships come the risks of sexual harassment, hostile work environments, and retaliation claims. When investigating claims, the EEOC looks to an employer’s involvement when determining liability. Having documented policies that specifically address workplace relationships is important not only to provide guidance to employees but also for protection purposes if an EEOC claim is filed. These policies do require upkeep from the employer in terms of making sure they are in good standing with the relevant compliance organizations, usually the EEOC. The policies also will involve uncomfortable conversations with the employees regarding their personal romantic life. However, the dangers of workplace romantic relationships are so detrimental to the employer and work environment that utilizing thorough workplace romantic relationship policies will help mitigate the risks.