Dating a employee
The agreement also confirms and documents that the relationship is consensual and voluntary.
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.Business Necessity: Think about your business justification for imposing a consensual relationship policy.How have consensual relationships been handled in the past?If done properly, a consensual relationship agreement will make it more difficult for an employee to claim that the relationship was "unwelcome." In addition, the agreement will create a question about why the employee did not seek to stop the harassment by reporting it to management.
When deciding whether to impose a consensual relationship policy, and evaluating what form of policy to impose, the following are some important considerations: Impact: Consider whether consensual relationships have a positive or negative impact on the morale of your workplace.
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.