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17-Dec-2017 22:10

Employers can seek the affected employees’ preferences for reassignment or use objective standards such as personnel rules, memorandum of understanding policies, or seniority to determine where to reassign the employees.

If an employee violates the anti-nepotism or anti-fraternization policy despite notice of the policy, an employer may choose to take disciplinary action against the employee.

Such relationships can have actual and resonating effects on the workplace because of the power inequalities in the positions and the insecurity the relationship may create for other employees, especially those who report to the supervisor.

In one case, the Eleventh Circuit found that a public employer’s interest in discouraging intimate association between supervisors and subordinates was so critical to the effective functioning of the employer that it outweighed the employee’s interest in the relationship.

The California Supreme Court has recognized that an employee may establish a sexual harassment claim under the FEHA by demonstrating widespread sexual favoritism that is severe or pervasive enough to alter an employee’s working conditions and create a hostile work environment.

() Anti-Nepotism and Anti-Fraternization Policies There are several steps employers can take to set standards of conduct for workplace relationships and manage office romances.

Under the Fair Employment and Housing Act (“FEHA”), it is unlawful for an employer to subject an employee to different terms and conditions of employment because of the employee’s sex. The first type is “Quid pro quo” harassment, which occurs when submission to sexual conduct is explicitly or implicitly made a condition of a job, a job benefit, or the absence of a job detriment.

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The California Court of Appeal has upheld policies that require a supervisor to bring a consensual intimate relationship with an employee to management’s attention for appropriate action.

They should not ignore some relationships while taking action against other relationships.

Employers should regularly circulate policies with their personnel rules or memorandum of understanding.

Employers with represented employees should also remember that they should negotiate anti-nepotism or anti-fraternization policies with employee organizations through the meet and confer process.

Love Contracts In the past, employers would occasionally put “love contracts” into place when they discovered a romantic relationship.(See ) Once an employer learns of a romantic workplace relationship, the employer should immediately explore all options and take non-discriminatory corrective action.



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