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Therefore, the participants in a truly "consensual" relationship cannot prove sexual harassment.
The difficulty for the employer is proving that the relationship was consensual.
The exception, of course, is where a supervisor propositions many employees, and only those who acquiesce receive preferential treatment. "No Dating" Policies An employer who wishes to do something about consensual relationships between employees has a couple of options. However, the policy must be carefully drafted to avoid several potential problems.
The first problem is that Oregon law protects spouses who work for the same employer.
A 1995 survey estimated that 80 percent of all employees have either observed or been involved in a romantic relationship at work. The Problems with Employee Dating Even though romantic relationships in the workplace are common, employers have legitimate reasons for concern about employee dating.
The biggest fear is a sexual harassment lawsuit arising from either: Sexual harassment laws prohibit "unwelcome" sexual advances.
Warden, Ogletree Deakins; (Work Rules Concerning Employee Codes of Conduct, Ethics and Conflicts of Interest; Work Rules and Policies Addressing Workplace Violence; Work Rules and Policies Regarding Horseplay; Work Rules Concerning Bullying and Harassment).
Jason Habinsky, Haynes & Boone; (Guidelines for Employee Handbooks, Work Rules and Policies; Work Rules Concerning Political and Charitable Activity and Employee Expression of Views; Work Rules Regarding Use of Employer Equipment, Vehicles and Communication Systems; Prohibited Conduct; Work Rules Regarding Off Duty Conduct; Work Rules Regulating Employee Dress; Grooming and Personal Appearance; Work Rules Regarding Employee Work Schedules and Shifts; Work Rules Regarding Attendance, Tardiness and Timekeeping).
The agreement also confirms and documents that the relationship is consensual and voluntary.
The employer should attach a copy of the company's sexual harassment policy to the agreement to prove that the employee was aware of the sexual harassment policy and had the opportunity to report any inappropriate conduct by the other employee.
The laws are in place to protect both the employee as well as the employer or organization.Tags: Adult Dating, affair dating, sex dating