Consensual Relationship Agreement
Despite their imperfections, love contracts can help protect employers from exposure to employment discrimination lawsuits, including the ever-growing flood of retaliation claims, which rose to the No. 2 charge filed with the U.S. Equal Employment Opportunity Commission (EEOC) in 2007.
Problems with love contracts can be minimized if they include: • A reference to or recitation of the company’s sexual harassment policy and an acknowledgment that the employees are familiar with the policy. • An affirmation that the relationship is consensual and freely entered into, and that each employee agrees to waive the right to assert a claim for sexual harassment for any conduct by the other prior to the signing of the contract. • A statement that the employees will not seek or accept a position where one reports to the other. • An agreement, if one of the employees already supervises the other, that the supervisor will be removed from any decision-making authority over the subordinate. • An agreement that any dispute arising from the relationship or the contract will be resolved through mediation, an intra-company dispute resolution procedure or arbitration. • A recommendation that employees consult an attorney before signing the contract. • An admonition that dating employees are expected to follow certain guidelines, such as professional behavior at work and refraining from displays of affection at work. • A confirmation that each employee respects the right of the other to end the relationship at any point, and a reaffirmation by the company that either employee can end the relationship without fear of work-related retaliation.
Written Policy
The company should then include the policy for love contracts in the employee handbook, disseminate it throughout the workplace using the usual modes of communication for HR