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Consensual Relationship Agreements Case Study

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Consensual Relationship Agreements Case Study
Strayer University
Business 520, Leadership and Organizational Behavior

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In today’s society, most employers antagonize significant issues such as office romances and subjects that relate to sex and confidentiality. Romantic affairs are emerging more frequently since employees are working overtime and spending additional time on the job. A romance in the workplace is sometimes the only choice for employees whose work limits their extracurricular activities. However, these workplace relationships tend to be a problem as the legal responsibility connected with these romances rises. A few businesses prohibit all workplace romances, whereas others have no policy at all to address these matters. Most businesses fall in between and have policies that ban relationships or discourage distinct workplace romances. A CRA (Consensual Relationship Agreement) is essentially a written “contract” in which the romantically involved parties acknowledge the following: * Their relationship is voluntary and consensual. * They agree to abide by the employer’s antidiscrimination, anti-harassment, and workplace conduct policies. * They promise to report any perceived harassment to a management, if it occurs. * They agree to behave professionally and not to allow the relationship to affect their performance. * They agree to avoid behavior that offends others in the workplace. * They agree not to engage in favoritism. This is especially an issue if one of the employees is in a higher management position and has the authority to influence rewards available to the other employee. ( (Hellriegel & Slocum, Jr, 2011, p. 65)
The practice of a CRA should be taken serious at my future workplace. The last business establishment that I work for did not have a CRA policy. Since there was no CRA in place this caused problems within the work environment for not only the couple, but for the other employees and I. Hellriegel and Slocum have valid points in regards to a workplace romance: “According to a survey by Valut.com, an online career center, 47 percent of the 1,000 professionals surveyed had been involved in an office romance, and another 19 percent would consider it. Of those individuals who had a romance, 11 percent had dated their managers or another manager” (Hellriegel & Slocum, Jr, 2011, p. 65). CRAs will help shield the business as well as the employees who are involved in romantic relationship, specifically when it’s a manager and subordinate in a romance. By having this policy in place, it will prevent a lot of the risk factors for an employer. There are four reasons that employees should sign a CRA: Decreases sexual harassment litigation risk; if the relationship ends, the employees may suggest that they were pressured into the romance. However, the CRA states that the relationship was intended and consensual.* Reduces perceptions of favoritism; the CRA states that they are not allowed to show favoritism, specifically if a management or another supervisory position is involved.* Create a forum to discuss professional workplace behavior. This permits employees to be reminded of dodging public shows of affection, or conversing about their private relationship in the workplace.* Remind dating employees of lack of privacy in the workplace. Employees involved in a relationship should not use company email to discuss their relationship, or any ideas they have for themselves outside of the job.* Some might object to the use of a Consensual Relationship Agreement because they are too intrusive, ineffective, and unnecessary and can cause as many problems as they try to solve. They are intrusive because notifying an employer of a romance is getting into the private life of an employee. Next, CRAs can be ineffective because even after signing the contract an employee could still break it without notifying the company, and when it gets to that point then they really become unnecessary. “‘It forces [employers] to become the love police, consistently enforcing who’s dating whom,’ Toth says. And he’s not sure if such contracts will necessarily protect companies from litigation. A subordinate signing a love contract might claim that he or she signed under duress or that harassment began after the contract was signed,” (Hooking Up at Work?, 2008). From an employee prospective, I would not want to sign a contract that’s based on my own personal relationship with a co-worker. Some things should be kept private. If you chose to sign the contract, management might keep a close eye on you to make sure that you don’t break company policy. In other words, that might affect your ability to perform your job. Ethical principles come into play with CRAs as well. “Ethics are the values and principles that distinguish right from wrong,” (Hellriegel & Slocum, Jr, 2011, p. 10). Overall, the company has to find the best way to protect themselves should a workplace relationship go wrong. If management is in a position to anticipate a possible issue and can enforce a policy to avoid a situation from affecting the company it is best to do so, and this can more than likely save time, money, and future problems in the long run. “A romance between two people at work affects more than just those two people,” (Weinstein, 2008). The employees that are involved in the workplace relationship need to realize that they control their co-worker’s emotions. If the couple is in love, they need to save their displays of affection for outside of work or they could potentially make others on the job feel uncomfortable. However, when you are one of the people involved in the relationship you tend to overstep boundaries, especially if you are involved with a person of higher power. For instance, your job performance might not be up to par anymore because your focus is lost. Also, some tend to go to lunch together and extend their lunch period and forget the affect it has on others. Another factor is if the relationship goes sour. The two that were involved could continue to work together, and cause mayhem within the team morale. Other ethical encounters arise when dealing with making the right choice and punishment. One specific workplace romance that causes drama is an affair. “Most of us know that this type of workplace romance can create ethical challenges-especially if one person has some authority over the other person in job functions. And this situation is a step above sexual harassment and predatory behavior in the workplace,” (Throop, 2007). Companies have to step in and put policies into place as needed to protect the rights of other employees. You never want to lose a great employee because you did not look out for their rights as an employee to be comfortable in their own work environment. Below is a table that gives certain restrictions that a company should have in place for workplace romances. “Companies without any restrictions on workplace romances are potential breeding grounds for sexual harassment claims and for the creation of dysfunctional work environments,” (Wagner, 2005).
RESTRICTIONS ON WORKPLACE ROMANCE REPORTED BY HR PROFESSIONALS PERCEPTIONS ON WORKPLACE ROMANCE:

Reprinted with the permission of the Society for Human Resource Management, Alexandria, VA (Wagner, 2005). Last, another option that address workplace romances besides CRAs are Notification policies. This specific policy does not require written confirmation about a workplace romance. However, it does oblige verbal communication when two decide to enter into a consensual relationship. “With a notification policy, the manager the relationship is being reported to must also be required not to disclose the information, to protect privacy,” (Magloff, 2012). This policy causes employees to have to notify management of the beginning and ending of the relationship. For companies who do not already have a policy in place that handles workplace romances then they should try to author their own company policy on relationships. “Include the types of relationships that are allowed or discourages, as well as the consequences for the disregarding of such rules,” (Frost, 2012). For example, a relationship may continue to work out if the two that are involved are working in separate departments within the company. The morale in the office will not go down and this should not affect any employee’s work status. For the most part, management is supposed to keep the relationships confidential. Non-fraternization policies can also handle workplace romances. The fraternization policy will not allow you to maintain a relationship let alone date another co-worker. Smaller companies might use this policy since they have to be stricter on the rules because it’s impossible to hide a relationship. Even with larger companies hiding the romance still is not enough. “‘Some companies have strict non-fraternization polices in place, and dating a co-worker can be a firing offense,’ says Lesnewich. The trick is enforcing these policies. It’s almost impossible to police, and if you have two people dating who are critical to the success of the company, then exceptions get made,” (Tuggle, 2012). In conclusion, romance is going to happen within the workplace especially now with all these younger employees. Romance between co-workers does cause problems; and, yes, it is a company’s right and, in some cases, obligation to make sure that the workplace romances do not disrupt the company or the work environment, especially when the relationships end. CRAs are important for both the employee and the employer in order for each to benefit off each other. However, the policy is not mandatory. Both parties should look at it as a helpful document that can avoid any tragedies that will lead to the court house. An important reminder to remember is that a CRA is put in place to protect the workers involved in a workplace romance, other employees, and the best interest for the company. A company should always have control over what is going in their environment and should not be surprised by any situation. In my mind, a company should already be prepared for what could possibly happen within their atmosphere.

Works Cited

Hooking Up at Work? (2008, May 13). Retrieved from The Daily Beast: http://www.thedailybeast.com/newsweek/2008/05/13/hooking-up-at-work.html
Frost, S. (2012). Romantic Relationships in the Workplace. Retrieved from Chron: http://smallbusiness.chron.com/romantic-relationships-workplace-11804.html
Hellriegel, D., & Slocum, Jr, J. W. (2011). Organizational Behavior. Mason: Cengage Learning.
Magloff, L. (2012). Policies about Workplace Dating. Retrieved from Chron: http://smallbusiness.chron.com/policies-workplace-dating-2630.html
Taylor, K. (2008, February 1). HR Magazine: Sign in the Name of Love. Retrieved from www.shrm.org: http://www.shrm.org/Publications/hrmagazine/EditorialContent/Pages/2Tyler-Love%20Contracts.aspx
Throop, J. (2007, June). Ethical Issues. Retrieved from peoriamagazines.com: http://www.peoriamagazines.com/ibi/2007/jun/ethical-issues
Tuggle, K. (2012, April 18). Office Romances On The Rise Among Young Employees. Retrieved from Fox Business: http://www.foxbusiness.com/personal-finance/2012/04/18/office-romances-on-rise-among-young-employees/
Wagner, M. (2005). Workplace Romances Can Be a Risky Business. Retrieved from Vancott: http://www.vancott.com/news/articles/34
Weinstein, B. (2008, February 12). The Ethics of Office Romance. Retrieved from Bloomberg Businessweek: http://www.businessweek.com/stories/2008-02-12/the-ethics-of-office-romancebusinessweek-business-news-stock-market-and-financial-advice

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[ 1 ]. * (Hellriegel & Slocum, Jr, 2011, p. 65)

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