Did you know that . . .

California law requires employers of over 50 employees to provide interactive sexual harassment training to their managers and supervisors once every two years?  For smaller employers, the training is still a highly recommended way to combat harassment in the workplace.  Any policy of the Company should reiterate the Company's commitment to complying with this law and to providing a harassment-free workplace.

Do you have a Non-Fraternization Policy?

In many instances a Non-Fraternization Policy goes a long way toward discouraging some of the circumstances that might lead to a culture at work, which is more likely to result in a harassment or discrimination issue.

Have you thought about what you want your company's policy to be on the issue of co-workers dating or possibly even getting married.  It is a tough issue as many office romances have led to sustainable healthy relationships that have not had any noticeable effect on the workplace.  But far too often, office romances can suddenly transform into allegation of harassment.

To be safe, you may wish to adopt a Non-Fraternization Policy similar to the example provided below for your reference:

"Non-Fraternization

The Company desires to avoid misunderstandings, complaints of favoritism, possible claims of sexual harassment and the employee morale and dissension problems that can result from certain personal relationships between employees.

Accordingly, you are prohibited from dating or maintaining a romantic or sexual relationship with any other employee when your personal relationship creates an actual conflict of interest, causes disruption, creates a negative or unprofessional work environment, presents problems regarding supervision, work performance, attitude, safety, security, or morale, or causes other work-related problems.

All employees are strictly prohibited from becoming romantically involved with persons who report to them.  If you become concerned about such a situation occurring, you should bring the circumstances to the attention of the Office Manager, Executive Director or Managing Partner immediately.

You should remember that the Company maintains a strict policy against unlawful harassment of any kind, including sexual harassment. This policy is not intended to prevent employees from engaging in discussions regarding their wages, hours, or working conditions with any other employee or engaging in protected, concerted activity. Employees will not be discipline or retaliated against for such discussions."

What is your opinion?

Should employers maintain complete non-fraternization policies that prevent any kind of inter-office romances of any kind, or are there circumstances in which exception should be made to a strict full Non-Fraternization Policy?

If so, what exceptions should be made to a general "no inter-office dating" policy?  Why?

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