The "Love Broker" - Making Your Employees Sign A Workplace Relationship Prenup...

This topic would have gotten A LOT more attention around Valentine's Day.  Hard to believe a "news" organization like Good Morning America didn't do a better job focusing their leads with national holidays - or at least what days Hallmark says are important...

Anyway, some lawyers have come up a with a product that might have some legs - a workplace hookup prenup.  From ABC News:

"Think of it in terms of a prenup," said Good Morning America workplace contributor Tory Johnson. "In this particular case, you're saying to the employer, 'We'll prevent you from being held responsible for employment issues in the event of a failed personal relationship.' The employer should not have that burden."

""It is documenting the relationship. You need to define the relationship. Is [it] welcome? It is not sex harassment," explained Stephen Tedesco, an employment lawyer, who said that it is important to make clear that whatever personal conduct has gone on is not harassment.

"It also defines how they are going to conduct themselves in the workplace going forward," he said."

Not a bad idea, but the heavy lifting is still left to you as the HR pro - you get to figure out what relationship rumors are real, and then decide based on what you think you know whether to intervene and have both parties sign something to say they won't hold you responsible for harassment claims, etc.

Once again, the heavy lifting is still yours.  I offer two rumor-based situations where it's very difficult to see your way clear to confront:

1.  The married employee who's having an affair with a co-worker.  Or is it an affair?  See John Hollon's notes on the office spouse...

2.  The guy or gal who is rumored to be having an affair with a co-worker 10-20 years younger than they are... Have fun with that one...

So, the workplace relationship prenup has some legs, and that's cool.  Don't let anyone fool you if you are a HR pro in charge of the employee relations environment.  You're still doing ALL the heavy lifting through the actual decision on whether to confront.

That's why you get $11.64 an hour.  Now move forward and rid our workplace of some ALL liability!!

Comments

[Robert Noonan]

It's really none of the employers business. I don't see Companies signing any "Prenup" that provides the employee guidance or recource when management or upper management's egredious and capricious ego based decisions effect the employee with issues that had absolutely nothing to do with them.

[Michael Moore]

Kris:

From an employer's prospective, if you are fishing of my dock, then it's my business. That's how the courts see it too. As for the "love contract" approach, it only works well if you have a policy on sexual harassment and take a consistent approach to suspected workplace relationships. Finally, senior management has to walk the walk. Media headlines are full of executive fishermen.

[KD]

Robert and Mike -

Interesting comments. I've got one person looking at it from the employer side, and one looking at it from the employees's perspective.

Me? I can see how companies would be tempted to do this. The big issue is the consistent application. How do you determine when a rumor justies confrontation? Ugly stuff from a HR pro's point of view...