ILMA Compoundings May 2018 - 37

Managing Workplace Dating
Harassment has been a topic on the front page of seemingly every news outlet over
the past year. And although workplace dating saw a slight decline this past year (a
decrease of 5 percent over the last year, according to Career Builder's annual Valentine's Day survey), the fine line between appropriate and inappropriate office behavior
and etiquette is still grey. Regardless of these trends, office romances are here to stay,
so making sure you have clear policies in place is highly important.
The Society for Human Resource Management has guidelines to help form a
substantial policy on its website, including a sample. Among the initial points in
the sample is a clarification that the policy does not necessarily prevent romantic
relationships between co-workers but establishes boundaries on conducting these
relationships at the workplace or during work hours. It also notes that individuals in
positions of authority should be held to a more stringent standard, as those individuals have influence on the terms and conditions of employment of associates below
them in the organizational hierarchy.
If your company does not definitively oppose office romances, it's vital to be aware of
the human resource department's due diligence, as there is always the potential for these
relationships to go awry. If any instance of potential harassment stems from a dating
situation (or, of course, any other harassment situation), there must be an investigation.
Making sure your employee handbook clearly outlines these policies is the first
step to fostering a workplace environment free of issues pertaining to dating. It never
hurts to review your current employee handbook, evaluate what makes sense for
your company and make any necessary changes to ensure you handle any potential
situation thoroughly and appropriately. And, as always, it's a good idea to review your
handbook and policies with your general counsel.

responding to an [Equal Employment
Opportunity Commission] complaint,
one of the first things we produce is
that signed receipt by the manager
and employee indicating they read
and understood what they read in the
employee handbook," he said. "But,
honestly, do we know that they really
read the policy, or did they just sign
the receipt?"
Responding to
Complaints and
Incidents
The best policies and the most exceptional training and communication
are, of course, worthless, if they're not
backed by swift and appropriate action
as issues emerge.
"A lot of companies encounter
increased legal scrutiny and liability
because of inadequate investigatory

processes and responses," Krugel said.
In addition, he noted: "If a company
has a policy and gets into litigation
concerning claims, it's going to have to
prove that it followed that policy and
that employees were aware that the
policy existed."
Organizations should have an independent investigative process, advises
Porter. This process is usually led by
HR and supported by line managers.
"The rapid, complete and sensitively
handled investigation of employee
complaints is crucial," Porter said.
All employees, managers, senior
leaders and others, says Schein,
must obey the laws that are relevant
wherever they might be located - no
exceptions. As times change, some
employees might not agree with
certain laws and requirements, "but

the reality is, whether you're a senior
person in the business or a junior
person, you've got to comply with
the law." That means, he said, "if an
employee really can't adjust to having
an African-American or a woman
working next to them, their only
choice may be to go work at home or
do their own thing."
Employers must send a strong,
non-negotiable message to all employees that they will either comply with
workplace policies or "they will be on
the street," Schein said.
Being Proactive
Today's employers, HR leaders,
managers and supervisors - and even
employees - need to take a more
proactive approach to preventing
and responding to harassment in the
workplace. "Companies must shift

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ILMA Compoundings May 2018

Table of Contents for the Digital Edition of ILMA Compoundings May 2018
