Romance on the job: Preparing your workplace for Cupid’s arrow

Love is in the air as Valentine’s Day approaches, and although employees may be looking for love, office romances are more likely to cause heartburn for employers.

When handling coworker relationships, employers should be mindful to consider each relationship on a case-by-case basis. After all, just as each relationship is unique, so to are the challenges they can pose to a workplace.

Although employers may prefer to outright ban romantic relationships between employees, the reality is that employers have a limited say in their employees’ personal lives outside of the office. However, employers should consider the risks associated with workplace relationships and have a plan in place for mitigating those risks.

Conflicts of interest and workplace relationships

One of the primary areas of concern that can arise as a result of workplace relationships is conflicts of interest – both perceived and actual. For example, a workplace romance between a supervisor and an employee outside of management could lead to either actual or perceived favouritism when the supervisor is involved in personnel decisions, as their objectivity could be seen to have been reasonably compromised. Even where no actual favouritism is present, a relationship between a supervisor and a subordinate can quickly have a negative impact on the workplace environment.

When addressing conflict of interest concerns surrounding workplace relationships, it is important that employers not only address the relationship itself but also have measures in place to ensure that there is no perception that an employee is receiving special treatment because of a romantic relationship. Hard feelings between co-workers resulting from a workplace relationship can create a disruptive and dysfunctional workplace environment.

Legal risks associated with workplace romances

A particular risk arises when a supervisory employee engages in a relationship with a subordinate. An important consideration is whether the relationship is truly consensual or the subordinate employee is engaging in the relationship out of fear of reprisal for rejecting their superior.

A fine line can exist between a consensual romantic workplace relationship and sexual harassment. While the most concerning aspect of workplace relationships involving a power imbalance is the potential impact on the non-consenting party, employers should also be aware of legal risks. From an employer perspective, a risk associated with workplace relationships is that they may end in a harassment or discrimination complaint. Employers are obligated by human rights and occupational health and safety legislation to provide a safe and respectful workplace free from discrimination and harassment. When an employer receives a human rights complaint or allegations of harassment, the employer must respond to the complaint or allegations.

What to do when Cupid’s arrow strikes

Employers should be mindful that employees may keep their relationships a secret if romantic relationships in the workplace are prohibited. Instead, employers should ensure they address workplace relationships clearly and directly in their conflict of interest policy. A conflict of interest policy should set out clear expectations regarding conflicts of interest in the workplace, including the requirement that employees disclose any relationships that may create a potential conflict of interest. Having a disclosure requirement allows the employer to determine the appropriate course of action for a relationship. Depending on the circumstances, examples of an appropriate response could be to modify reporting structures or team compositions.

Providing employees with training on conflicts of interest in the workplace and reviewing the conflict of interest policy with employees on a regular basis may help to reduce the problems that can arise with workplace relationships.

Key takeaways

An employer is not expected to completely control all aspects of romantic relationships that arise in the workplace, but rather to manage their potentially disruptive and dangerous effects. While workplace relationships are dynamic – no two relationships pose the same risks to employers – a clear and comprehensive conflict of interest policy that directly addresses workplace relationships will help employers and employees navigate the situation and minimize associated risks.

The MLT Aikins labour and employment team helps employers to respond quickly and effectively to workforce challenges, providing proactive, practical and innovative advice and assistance on all labour and employment matters. If you’re looking for advice on how to handle a workplace relationship between employees, help drafting your conflict of interest policy or guidance with any other employment concerns, feel free to reach out to a member of the team – we’d be happy to assist.

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