Hooking Up at Work?

Barney says that back in 2000, when she was about to embark on a relationship with Robert Gill (a Weber employee whom she married in 2003), they consulted their lawyers on how to proceed. Although Gill was an executive, Barney was a general manager, and his superior, so they wanted everything to "go by the book." They were advised by the company's attorneys that signing a consensual relationship agreement was the best way to go. "It was a very high school moment and somewhat uncomfortable," she recalls. "We sat in a room and read the contract that asked if either of us was being harassed. It was awkward, but we did it to set an example." Barney says she would not hesitate to use the contracts if needed at RBB, but with only 28 employees (26 of whom are women), so far it hasn't been necessary. She sees love contracts as an egalitarian way for employees to know that there are rules of conduct to follow.

Not everyone agrees. Consensual relationship agreements are just another case of "overlawyering," says Mark Toth, the chief legal officer for Manpower North America, an outplacement and employment services company based in Milwaukee. "It forces [employers] to become the love police, consistently enforcing who's dating whom," Toth says. And he's not sure if such contracts will necessarily protect companies from litigation. A subordinate signing a love contract might claim that he or she signed under duress or that harassment began after the contract was signed.

A consensual relationship agreement is no guarantee, McDonald concedes. But, he says, having a contract should give the organization a strong defense. "It's in the true interest of both parties," he says. "It's an important document that can prevent finger-pointing and reconcile opposing recollections."

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