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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."

© 2008

 
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Member Comments
  • Posted By: Anir @ 05/19/2008 2:48:41 AM

    Comment: I think it is good for men who are more often at the receiving end of such sexual harassment lawsuits

  • Posted By: C. MacLean @ 05/17/2008 2:32:02 PM

    Comment: Too bad Monica and Bill didn't sign one.

  • Posted By: Mark Toth @ 05/16/2008 9:51:19 AM

    Comment: Very timely article, David. We discussed this on my blog (www.manpowerblogs.com/toth) and it generated quite a bit of spirited discussion. We did a poll and there was basically a 50-50 split among HR professionals as to whether love contracts or a good idea. Most of the folks who submitted comments, though, were staunchly opposed to the idea. Their basic objections, which you captured well in your article, are that (1) most companies already have anti-harassment/discrimination policies and a love contract is sort of a duplicative "belt and suspenders" approach and (2) it puts HR into the unenviable position of acting as the "love police."
    Great article and thanks again for reaching out to me.
    Mark Toth
    Chief Legal Officer
    Manpower North America

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