Can Employers Legally Forbid Co-workers to Date?

by Kay Bosworth

Considering how much time is spent at work, it is no wonder that workplace friendships often lead to attraction and flirting -- then suddenly, romance blooms. Boredom and drudgery vanish in the excitement of the new relationship. But what happens when the boss finds out? Can he legally keep the office Romeo and Juliet apart? The answer is, it depends.




A relationship between a supervisor and a subordinate can create a problem if the superior shows favoritism to his sweetheart. The situation grows more complicated if the subordinate claims the relationship was not consensual. Other employees may object that they are discriminated against because of their co-worker’s relationship to the boss.


Quid pro quo sexual harassment, in which employment benefits such as promotions and raises are offered in exchange for sexual favors, is illegal under Title VII of the Civil Rights Act of 1964. That law could be invoked by the wounded party in a broken relationship. An employer can be liable for discrimination against other employees who were qualified for those benefits. However, the EEOC states that simple favoritism toward a lover or spouse, or even a friend, is not discriminatory. If a workplace is the scene of widespread favoritism based on quid pro quo sexual activity, workers of both sexes could have grounds for a complaint of a hostile work environment that violates Title VII.


An employer who is concerned about possible problems arising from co-workers dating could develop an across-the-board ''no dating'' policy. Such an anti-fraternization policy could restrict dating or socializing, but defining such relationships can be difficult when employees go out for lunch or drinks together or socialize as a group. An employer could set up policies that only prohibit relationships between supervisors and subordinates. Policies must also define penalties for violations and must avoid selective enforcement. Employees might find that any anti-dating policies are a violation of right to privacy.

Consensual Relationship Policy

An alternative would be asking all employees to notify management if they are entering into a consenting relationship. This consensual relationship notification policy would also require the employees to let the employer know if they break up. Agreeing to such notification would protect the company from charges that the relationship was not consensual.

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