How can consensual relationships be managed?

Romance often blossoms in the workplace. There is nothing illegal about a relationship between a manager or supervisor and an employee, but problems often develop in the workplace when the parties engage in indiscreet conduct at work, the relationship ends, preferential treatment is given or when the relationship isn't really consensual. Is there anything an employer can do to manage consensual relationships?

Some attorneys advise employers that rigorous adherence to the organization's anti-harassment policy is the best protection, along with paying close attention to what happens when the relationship ends and making certain that the employee knows how to make complaints under the policy.

Others recommend a policy that specifically addresses relationships between management and employees; it may require the couple to report the relationship to the employer.

Should consensual relationship agreements be used? Attorney Brandon R. Blevans of the law firm of Littler Mendelson of San Francisco, California, advises employers to use consensual relationship agreements for protection. While they will not totally determine whether harassment occurred during or after the relationship, he says, they re-inform employees of their rights and obligations and provide the employer with documentation, signed by both the manager/supervisor and the employee, that they will not engage in harassing behavior. Employers should ask employees to voluntarily sign the agreements.

Littler Mendelson advocates two types of consensual relationships agreements:

• a letter that is attended for general use (see Informal consensual relationship letter at ¶78,620 ),

• a very formal, legalistic agreement.

Should the agreement be formal? A formal agreement has limited use only-it may be appropriate when a problem has already surfaced or when a high-level executive is involved. When the need for consensual relationship agreement arises, other legal issues may be involved. Therefore, Blevans strongly recommends that employers consult with legal counsel before using a consensual agreement to ensure that it is appropriate for the circumstances.