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In addition, any policy that prohibits co-worker dating should have an exception for employees who are married to one another.
Definitions: A "no dating" policy must describe what "dating" is.
A rigid zero tolerance policy may result in the loss of two very good employees who fall in love with each other.
However, any policy that allows too much case-by-case discretion exposes the employer to discrimination claims.
The exception, of course, is where a supervisor propositions many employees, and only those who acquiesce receive preferential treatment. "No Dating" Policies An employer who wishes to do something about consensual relationships between employees has a couple of options. However, the policy must be carefully drafted to avoid several potential problems.
The first problem is that Oregon law protects spouses who work for the same employer.
Flexibility: Consider how flexible your policy should be.Often, an employee will argue that he or she was an unwilling participant in a relationship that merely appeared to be consensual.Even a consensual relationship, if it goes sour, can result in unwelcome advances, stalking, or other predatory conduct.Therefore, the participants in a truly "consensual" relationship cannot prove sexual harassment.The difficulty for the employer is proving that the relationship was consensual.
The agreement also confirms and documents that the relationship is consensual and voluntary.