Michigan football recently made headlines after the university terminated its head football coach following an internal investigation that revealed “credible evidence” of an inappropriate relationship between the former coach and a staff member. The university later affirmed its “zero tolerance” policy for such behavior. The decision and resulting headlines underscore the legal and reputational consequences that can arise when workplace relationships involve unequal power dynamics.
Employers should be mindful of romantic relationships in the workplace, particularly where the relationship involves employees of unequal authority. For example, quid pro quo harassment is a type of sexual harassment that occurs where a supervisor seeks sexual favors in return for a job benefit, such as a promotion or raise, or to avoid a job detriment, such as a demotion or pay cut. Employers may be strictly liable for quid pro quo harassment by supervisors.
Power dynamics are central to any quid pro quo harassment analysis. Workplace relationships involving authority, seniority, or influence are more likely to place subordinate employees in vulnerable positions, raising heightened concerns about consent, coercion, and the ability to report misconduct without fear of retaliation.
Employers should not wait until the two-minute warning to take proactive steps to mitigate legal risk associated with workplace romance, including:
- Drafting and uniformly enforcing a workplace romance policy that sets clear expectations for professional conduct;
- Communicating the consequences for related policy violations, including transfer or termination;
- Prohibiting or limiting romantic relationships involving supervisory authority or other unequal power dynamics;
- Requiring disclosure of workplace relationships to human resources;
- Considering the use of a “love contract,” or a signed agreement in which both parties acknowledge the consensual nature of the relationship and affirm compliance with company policy; and
- Documenting workplace relationships and related compliance steps taken by the employer, as appropriate.
When it comes to workplace romance, employers should act before a flag is thrown.
Erin Shrum is an associate in the Nashville office of FordHarrison. She focuses her practice on counseling and representing management clients in labor and employment law disputes, helping employers make legally informed decisions through clear communication and practical, business-minded solutions.