Dating subordinate work
In a consensual relationship between a supervisor and a subordinate, the subordinate often is the recipient of preferential treatment.Employees have asserted claims for sexual harassment based on the theory that they can't receive the same benefits because they are not "sleeping with the boss." However, most courts have rejected this argument because such a consensual relationship disadvantages both male and female employees equally.If dating is merely discouraged, the policy should also indicate the counseling or documentation that will occur if employees violate the policy.The policy might also be limited to supervisor/subordinate dating, or allow dating between co-workers who do not work alongside one another.In addition, any policy that prohibits co-worker dating should have an exception for employees who are married to one another.Definitions: A "no dating" policy must describe what "dating" is.
Flexibility: Consider how flexible your policy should be.Therefore, the participants in a truly "consensual" relationship cannot prove sexual harassment.The difficulty for the employer is proving that the relationship was consensual.Business Necessity: Think about your business justification for imposing a consensual relationship policy.How have consensual relationships been handled in the past?
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Penalties for Violations of Policy: A policy that prohibits a supervisor from dating a subordinate must also describe the penalty imposed if the policy is violated.