From love to lawsuits,
expert advises against workplace romance

By Khalida Kelkar

April 24, 2008

The workplace seems a safe and reasonable environment to pursue Mr. or Ms. Right, but it’s still a bad idea that can swiftly turn from love to lawsuits, according to one San Francisco-based workplace expert.

Shanti Atkins, president and CEO of locally-based ELT Inc., a company providing workplace harassment, ethics and compliance training, points out that a relationship between co workers, whether it’s between colleagues or a manager and subordinate, has the inevitable effect of involving other co-workers.

“Public displays of affection and intimate text messaging have a toxic effect on the work environment,” Atkins said.

Atkins has been preaching this message this week as Americans celebrate National Administrative Professional’s Day. Managers would do well to stick to the standard flowers and a card to display appreciation for an assistant as anything more could potentially lead to a lawsuit Atkins said the workplace can seem like a natural place to date.

Romantically involved co-workers get to see the best side of one another at work. They get to spend more time together and they share everything from meals to inside jokes. But Atkins said even the slightest appearance of a romance between co-workers, through displays of affection or text messaging, can be off-putting to other co-workers. She said it could turn into what she calls the “menage a trois” effect.

This is especially the case in a romantic relationship involving a subordinate and superior, where “sexual favoritism” can arise, said Atkins.

An uninvolved co-worker can charge that a superior favors a subordinate in terms of work assignments, job evaluations and promotions, she said.

Sexual favoritism is risky business in California, Atkins maintains, one that involves liability and risk. Based on data accumulated between 2005 and 2008, the average verdict for a sexual harassment case was $1,953,780.

Sexual favoritism was the charge filed in 2005 by Frances Mackey and Edna Miller. The two correctional officers for the Valley State Prison for Women in Chowchilla filed a lawsuit against the California Department of Corrections and others claiming that the warden of the prison was sexually involved with three subordinates and as a result, was granted certain favors.

They further alleged that they were denied a promotion because they were not sexually involved with him. In its ruling, The California Supreme Court held that a workplace could be deemed hostile if a relationship between a manager and subordinate is conducted in public and in a manner that gives employees reason to believe that advancement is contingent upon sexual conduct with their superior.

Whether the claims are false or warranted is unimportant; the cost of being sued can far outweigh any emotional strain the couple would face.

The risk of litigation over charges of sexual favoritism is higher than ever. Atkins cites social networking sites, such as Facebook, and e-mailing via a company e-mail system as two major realms of concern. Both leave behind evidence in the form of a transcript of romantic interaction between the parties involved.

Atkins suggests that proper training and a clearer policy, which addresses issues such as sexual favoritism, can prevent risky scenarios for employers, which she admits is an issue in and of itself.

A well-drafted policy, according to Atkins, is one that deals with both employee-to-employee relationships and superior-to-subordinate relationships.

“A lot of [employers] will say ‘you’ve got to be kidding me, it isn’t our business [who people date],'” Atkins said.

To those companies who find the regulation of office romantic relationships either unrealistic or unmanageable, Atkins suggests setting a manageable standard. The company should tighten up its workplace dating policy and provide appropriate training to their employees.

In a subordinate-manager relationship, corrective action should be taken by first acknowledging the relationship and then taking accountability for the relationship before separating.

While conceding that becoming involved in a romantic relationship in the workplace is unavoidable, Atkins believes that a well-drafted general policy and separating the parties is necessary in helping an organization evade serious lawsuits.

FCJ Editor

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