To alleviate this concern, an alternative to crafting a specific workplace dating policy is for an employer to expand its conflict of interest policy to.
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- Labor & Employment Contacts
- Employees and conflicts of interest | arraya.co
- Does your business have a code of conduct?
- Addressing Romantic Relationships in the Workplace Through a Conflict of Interest Policy
Labor & Employment Contacts
Our courts have construed almost any unwelcome sexualized conduct as a form of sexual harassment, and only a fine line may exist between a workplace flirtation and harassment. Ensuring that the relationship is consensual is what of upmost importance. Understandably, being able to determine whether a relationship between a superior and a subordinate is truly consensual in nature is not an easy task given the power imbalance between the individuals.
Simply relying upon anti-discrimination and harassment policies may not be enough when considering the serious legal liabilities employers could face when these relationships come to the forefront. Accordingly, employers are taking it upon themselves to implement and enforce workplace dating policies. Aside from the risks of discrimination and sexual harassment complaints, other reasons why it makes sense for an employer to have a workplace dating policy in place include wanting to protect its business reputation; ensure productivity is not affected; and to protect employee morale i.
Employees and conflicts of interest | arraya.co
Technically yes, and an employer may think this is the easiest way to protect itself from potential legal liabilities. However, this option seems archaic. It could ultimately lead to an employer having to lose star employees who are faced with the decision of choosing love over continued employment — in the end, it could end up costing the employer money. Further, a complete ban on workplace dating may deter employees from coming forward to disclose a non-consensual relationship out of fear of losing their job.
A more common approach is for employers to have workplace dating policies that prevent intimate relationships between a superior and subordinate especially in the same department , or ones that could create a conflict of interest. This type of policy may be preferable in terms of costs i. However, any work-place dating policy an employer has should address what constitutes inappropriate behaviour, any rules governing workplace relationships i. For instance, a policy might allow a workplace relationship so long as it is reported to Human Resources and with written confirmation by the parties that the relationship is in fact consensual.
It could be even that the policy covers not only employees, but also contractors, vendors, suppliers, etc. Likely not, but again, it really depends on any specific policies and procedures the employer may have in place. For instance, if an employee lies or misleads an employer when confronted about a workplace relationship and that employee is in a high position of trust or authority with the company, there may be grounds for termination.
Does your business have a code of conduct?
Do you have an employee who owns a business offering similar services to your business? Or maybe one of your employees has accepted a gift from one of your clients? Depending on your policy, either of these examples could be classified as a conflict of interest. Without a disclosure process, it can create gossip in the workplace and harm staff morale.
Managing and developing staff.
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Getting the best out of your employees requires strong management. Like all policies, a workplace relationship policy should provide the rationale for its adoption here, it is the potential for conflicts, perception of unfairness, etc. A sound conflict of interest policy covering workplace romantic relationships includes the following:.
Addressing Romantic Relationships in the Workplace Through a Conflict of Interest Policy
As many employers are limited by federal or state laws in the implementation of new or revised policies, they must be aware of the laws that may govern their ability to do so and take steps to comply with any such laws before implementing a new or revised policy. Conflict of Interest , Sexual Harassment.
Wietrzychowski With the continued media exposure of highly charged complaints of sexual harassment in the workplace, many employers have experienced an uptick in the number of administrative actions and lawsuits alleging sexual harassment. What is a Conflict of Interest in the Workplace? But what about relationships where the apparent conflict of interest is more subtle, such as where: Tips on Drafting a Conflict of Interest Policy Like all policies, a workplace relationship policy should provide the rationale for its adoption here, it is the potential for conflicts, perception of unfairness, etc.
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- A Labor & Employment blog from Schnader Harrison Segal & Lewis LLP.
A sound conflict of interest policy covering workplace romantic relationships includes the following: Purpose of policy avoid conflicts of interest or their appearance, and promote fairness in the workplace ; Definition of conflict of interest; Examples of relationships that likely cause conflicts of interest or their appearance e.