Love Contract

Love contracts are contracts that are signed by two employees who are in a romantic relationship in the same company. There are many companies that have strict policies governing interoffice relationships.

These types of policies are in place to prevent sexual harassment suits from being filed against the company. A company may use a love contract to protect the company from liability.

This type of contract can also protect the two individuals who are in the relationship.

What Is in a Love Contract?

Typically, a love contract prohibits all types of sexual harassment, including quid pro quo and any other type of unwanted sexual advances. These contracts usually provide that the relationship is consensual and that it will not have a negative impact on the work of the individuals involved.

A love contract may also include the possibility of a department transfer. It may also include a provision in the event that the relationship ends.

This can protect the employees from inappropriate conduct or retaliation once the relationship has ended. Some love contracts may also include limitations on public displays of affection.

This type of limitation may be put in place to protect the other employees from a hostile work environment. Each love contract will provide that the employer and the parties involved in the love contract will follow the terms of the contract, or they will be in breach of the contract.

What Are the Potential Problems With Workplace Romances?

Workplace relationships and romances may end on a good note. Others, however, will not.

A workplace romance may:

• Complicate the office environment, possibly confusing work relationships with personal relationships;
• Become a distraction;
• Create accusations of favoritism;
• Create jealousy among employees;
• Cause allegations of sexual harassment.

Can a Workplace Relationship Be Considered Harassment?

Harassment is a form of employment discrimination that involves unwanted, inappropriate requests for sexual favors that are made by a supervisor to an employee. Employers in a workplace may, by their conduct or language, create a hostile work environment in the workplace.

Although workplace relationships do not necessarily rise to the level of sexual harassment, they may, especially relationships of a romantic nature, give rise to harassment claims. Examples of the ways that a workplace relationship may lead to legal liability include:

• Sexual harassment claims: Workplace relationships, especially those engaged in between a supervisor and a subordinate employee, may cause an employer to be subjected to claims of sexual harassment. Even a consensual romantic relationship that ends badly may result in the spurned employee claiming that their relationship was actually coercive.
  • After the relationship ends, one of the individuals may target their former dating partner for harassment and humiliation simply out of spite;
• Hostile work environment claims: Other employees may be able to claim that a hostile work environment was created if the workplace relationship resulted in pervasive negative verbal or physical conduct in the workplace; and
• Conflict of interest claims: A workplace relationship may lead to favoritism, so that favorable benefits, opportunities, or perquisites are unfairly allocated. Individuals who feel that they may have earned advancement and other types of rewards through a legitimate effort instead of a personal relationship with a supervisor or favoritism may be able to claim discrimination.

What Can I Do to Avoid Liability for My Employees’ Workplace Romances?

Anti-dating policies may prevent employers from being liable for harassment claims arising from their employees’ office romances. An employer always has the option of establishing a policy that does one of the following:

• Completely banning workplace romantic relationships;
• Partially banning workplace romance relationships;
  • One example of this would be a ban that prohibits dating between supervisors and executives, and subordinates;
• Only addressing harassment and discrimination in the workplace, while not addressing workplace romances per se;
• Requiring employees to document their workplace romance;
  • This requires informing their supervisors or human resource department about the romantic relationship and may include signing agreements as noted above.

Whatever the type of policy that the company chooses to enact, it is important to consider expanding the rules beyond relationships between coworkers. Applying them to worker-vendor, worker-client, and worker-contractor relationships is also important.

What Do Employers Gain by Signing a Love Contract?

An employer may use a love contract to indemnify itself in a case of sexual harassment. An employer may face sexual harassment claims from workplace relationships.

However, love contracts identify the rules of the workplace relationships and inform employees of their rights. These contracts also allow employers to formally acknowledge the relationship.

This contract can serve as proof that an employer took the steps to create a safe workplace environment. An employer has nothing to lose by using a love contract for workplace romantic relationships.

These contracts also inform the employees involved of their rights in the event that the relationship ends.

What Do Employees Gain by Signing a Love Contract? What Can They Lose?

Signing a love contract can also benefit the employees involved. When an employee signs this type of contract, they are agreeing to relationship limitations in their workplace.

The employees also receive a line of protection against retaliation at work. An employer can enforce the love contract provision against an employee in the event that their relationship ends.

Enforcement of a love contract protects an employee from harassment and retaliation. If an employee violates their love contract, then the sexual harassment policy of the employer will take effect.

An employee may risk a department transfer. However, a love contract may help maintain an individual’s job security if they are involved in a workplace relationship.

What Kind of Dating Policy Can I Use?

An employer should have a clear dating policy in order to avoid legal issues of discrimination and harassment. The policies that employers most often use include:

• Complete ban: Under this policy, dating is completely prohibited. While this may appear to be the clearest solution, it is likely not realistic. Employees will most likely just date surreptitiously despite the ban. This leads to enforcement problems.
  • This type of policy also raises issues regarding discrimination when a relationship is discovered;
• Partial ban: With a partial ban, dating is allowed, but not between regular employees and supervisors. Executive staff, e.g., CEOs, CFOs, etc., are prohibited from dating any individuals who are employed by the company;
• Ignore it: The employer may ignore these kinds of romantic relationships entirely as long as they do not interfere with work. However, an employer still must have some kind of discrimination and sexual harassment policy in place, even though they choose not to regulate dating; and
• Documentation and management: With this type of policy, employees who are dating are required to disclose their relationship to the employer, possibly through the human resources department. After reporting a relationship, the individuals involved may then be required to sign a document stating that the relationship is consensual and that both employees understand the sex discrimination and harassment policy of their employer;
  • This type of policy may arguably allow the company to control certain conduct in the workplace, such as public displays of affection. However, maintaining a company romance registry may also present significant challenges.

Do I Need a Lawyer for Help With a Love Contract?

The provisions in love contracts can vary by employer. If you are considering signing a love contract, it is important to consult with a contract lawyer. who can help you understand what you are signing and what the benefits or disadvantages may be.

Your lawyer will also help you understand your rights as well as advise you on what to do in the event that there is a breach of contract.