New Business 21 Publishing Study: Most Companies Vulnerable to Boss/Subordinate Dating Lawsuits

Boss/subordinate dating is extremely risky. That said, most companies have concluded that you can't stop it. But...you can prevent lawsuits that result from intimate relationships between bosses and subordinates. Problem is, most companies aren't doing much.

(PRWEB) January 11, 2006 Two exclusive B21 surveys show that HR execs aren't doing what it takes to ensure that boss/subordinate dating doesn't result in costly, unnecessary sexual harassment lawsuits.

One B21 survey showed that 56% of HR executives feel that under no circumstances should a boss ever date a direct report. But another survey showed that only one-third of companies have a policy to protect themselves from boss/subordinate liaisons. And less than one in five actually forbid them outright.

In other words, a lot of HR execs take a hard line against bosses who date subordinates but don’t lock in policies to protect their companies.

Consider the complexities of boss/subordinate dating. No one would ever deny how dangerous it can be. Employees who date bosses immediately fall into a "protected class," which means that any adverse action taken against them provides traction for a lawsuit. The most common accusation you hear in court is something like, "I dumped him, so he retaliated against me by firing me," or "he denied me a promotion," or "he cut back my overtime." In many other cases, a spurned boss persists and ends up provoking a sexual harassment lawsuit. It's understandable that HR people want to forbid the practice.

But is it really smart to ban boss/subordinate dating? Many experts say no; in fact they argue that it's even more risky than tolerating it. Romantic attraction is a powerful force that trumps good judgment in the best of us, that argument goes. If you ban boss/subordinate dating, most people will simply hide the relationship. You could argue that a company's exposure to lawsuits might be even greater if the relationship is clandestine.

So, what should companies do? Many employers encourage people to publicly disclose the relationship. And they ask both parties to sign a “consensual dating policy,” which is full of reminders about the dangers of sexual harassment, retaliation, conflicts of interest and so on. It’s also a good idea to ask both parties to re-read and re-sign the sexual harassment policy at the same time.

Many people ridicule these policies, particularly the clause asking the parties to tip off HR when the relationship ends (“Can you imagine anybody actually doing that?”). But such critics are missing the point. Having a consensual dating policy (or a “dating/fraternization policy,” as some call it) and making people sign it sends a strong message to the courts, should you ever get sued. And it sends a reminder to the two parties in the relationship, who are usually blind to the problems their relationship might cause in the workplace. A review of the policy documents, plus a friendly chat with HR about the perils of boss/subordinate dating, could significantly reduce your risk of getting sued.

The safest solution is to immediately transfer the subordinate to a new department with a new boss(despite the fact that only 7% in our survey have implemented it). It's anchored by two assumptions:

1. That you can't fight human nature. If two people who work closely eight hours a day five days a week start having feelings for one another, there's nothing you can do to stop it.

2. That by quickly undoing the boss/subordinate reporting structure, the boss is no longer in a position to take an "adverse action" against the employee, so you've significantly reduced your risk. (Note: You have not, however, eliminated it. A jilted manager might still be in a position to influence the boss of a former paramour (e.g., "Don't promote her; she's a loser"), which means you could still get sued. In a recent case, Horne v. Turner Construction, a woman's former supervisor made a negative comment to her new boss that led to a gender bias lawsuit.)

To see complete boss/subordinate dating survey results, and download a FREE SAMPLE DATING POLICY, go to http://www.b21pubs.com/hrintellcenter/Sexharassment/sexharassmentarticles/boss-subordinate-study.asp

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