Fraternization Policies: Inconsistency vs. Unlawfulness

More than at any other point in this country's history, employees find their friends, and romantic partners, at work. The greater number of women now in the work force and the long hours employees put in at their place of employment contribute to this trend. The interplay of work and social interaction can be positive and contribute to stronger teamwork, greater productivity, and higher morale. A number of employees find their life mates at work. However, the interplay of work and social interaction can also be negative. Every employee can probably recall or has heard of instances of workplace romances gone awry, allegations of sexual harassment, and situations suggesting favoritism toward a friend or romantic interest. This can actually result in weaker teamwork, less productivity, lower morale--and lawsuits.

In an attempt to minimize the possibility of the negative aspects of employee social interaction, employers have tried a variety of different approaches. Many have policies prohibiting sexual harassment and specifying inappropriate workplace conduct. A few have had dating employees sign contracts in which they indicate that their relationship is strictly voluntary. Some have anti-nepotism policies in which family members are prohibited from working in the same company or department or in a supervisor/subordinate relationship. And, some companies have fraternization policies that, to varying degrees, prohibit employees from dating or socializing with each other.

One of the difficulties with fraternization policies in particular is that they are hard for companies to enforce in an evenhanded manner. Despite company policies, employees will still date and spend time with each other outside of work. Sometimes the company will find out about it, but sometimes it will not. Given that a great deal of time, employees know about other employees' relationships even if upper management does not, there can be a perception of unfairness if some rule violators are punished and some are not, even though the company is pursuing the same course of action in all instances it is aware of.

Additionally, sometimes company management cares about a particular situation that it knows about, and sometimes it does not. Research studies have indicated that employees, including management, may view workplace relationships differently depending on the particular relationship. They are more prone to be supportive of couples who have found real love, and less supportive of those who appear to be engaged in an temporary affair or a mutual use situation. They are most likely to disapprove of couples who are in a supervisor/subordinate relationship when favoritism or sexual harassment may be involved, when the one individual appears to be taking advantage of the other, and when one or both members of the couple are married to other people. Additionally, employees care less about employees' social life when it does not impact the work environment, and more when it does. Too much time visiting each others' offices and hanging around the water cooler can diminish productivity. Furthermore, even though employees may believe that what they do outside of work is their business, employers may legitimately disagree. For example, too much alcohol accompanying after work drinks can lead to allegations of sexual harassment.