Picture this, Ally is single, nearing 30 years old, sitting in her cubical putting in 40+ hours of work a week, while all her friends seem to be getting married and having kids. Her weekends are full of errands and household chores and every once in a while, she finds herself swiping left and right on dating apps hoping to find a decent date for her next friend’s wedding. But what happens when she matches with Steve, who she later realizes, after chatting for a while, works in the finance department of her office? Well, she should look at her workplace policies of course!
Although workplace relationships are not regulated by any legislation or illegal by any means, employers are allowed to implement workplace policies that restrict workplace romances. These policies are utilized to help protect against claims of harassment, conflicts of interest, or negative effects on the workplace. It is important to note that there is a difference between consensual relationships and unwelcome sexual advances (harassment). An employer is required by law to have workplace harassments policies in place, but there is no requirement for workplaces to have policies on workplace relationships. However, the best practice for an employer is to not only have a comprehensive harassment policy, but to also provide its employees with a thorough workplace relationship policy outlining the restrictions and procedures employees must adhere to.
Most employers will not take the approach of an outright ban on workplace relationships, but a lot of them will have some sort of restrictions, limitations, or require an element of disclosure. The policy may implement a restriction on no physical signs of affection (ie. handholding or kissing) at the workplace, as this can make other employees feel uncomfortable, or it may implement a ban on workplace relationships between superiors and subordinates, as this power imbalance poses a real risk to the workplace if the relationship were to breakdown, or it may require you to fill out forms with the human resources or legal department disclosing the nature of your relationship.
Let’s go back to Ally and Steve, after they reviewed their workplace relationship policy, they noticed that there were no restrictions on relationships between employees from different departments. As long as someone from the human resources department was notified of the relationship and they did not discuss personal matters at work or engage in any distracting or disruptive behaviour that may impact the values and culture of the workplace, they were free to date.
Usually, an employer cannot terminate its employees for having a consensual relationship, where policies and procedures are followed. However, termination can occur if an employee refuses to follow the policies and procedures of the workplace. If you are approached by your employer and asked about your relationship with a co-worker and you lie or mislead them, this dishonesty can be seen as a breach of your workplace policy and therefore can lead to disciplinary actions, including termination. The best thing you can do as an employee is to be honest and follow the guidelines set out in the workplace policies.
Connect With Suzanne Desrosiers Professional Corporation 705-268-6492
If you are an employer looking to create a comprehensive workplace relationship policy, or are an employee who is uncertain about the legality of an office romance, please feel free to reach out to Suzanne Desrosiers Professional Corporation by calling us at (705) 268-6492 or emailing us at info@sdlawtimmins.com and we would be more than happy to help!