match.com in the office Pt 2— Frisky fraternization all over the place
Sometimes it’s the company’s business and sometimes it’s not
Spending 8 hours a day for 5 days a week with the same familiar faces is going to yield the two F’s. Familiarity and Fraternization. There’s a third F but that’s up to you. Lots of people meet long term and short term partners at work. Families are filled with stories of couples who met at work. It happens. Frequently! It has been happening for a long time so what’s the jury say on getting frisky in the office? Do we have to tell our business to the business?
From what I’ve researched there are a few simple considerations.
When it’s NOT up to you?
Let’s get this part out of the way first. It’s pretty straightforward. If the person you’re hooking up with or seeing seriously is in a position of power over you then the recommendation is to disclose. This is the only case I could find where there was a legal precedent to support telling the company.
The hierarchy matters for different reasons
a. Things could go south and that person could fire you
b. You could be seen to be getting special treatment by the team
When it is up to you?
Practically anytime you’re hooking up with an officemate who:
- You don’t report into or doesn’t have a supervisory role over you
- Does not have any way of influencing matters pertinent to your desk.
If you read that twice it’s because both sections are pretty much the same. There’s one single question really, can your relationship impact your job?
In all other cases, it’s totally up to you. While it seems cut and clear, please be aware of the potentiality for being fired after disclosure. Some companies require disclosure automatically sometimes. Equally important to note is this disclosure could also lead you being moved to a new department. There’s no crystal ball on the outcome but these are two things to keep in mind.
What about your privacy rights, do they have any say in the matter?
Check those Fraternization clauses in your employment agreements. Also, be aware that your Privacy is a protected right.
The law supposedly protects your right to privacy above the fraternization clauses but that can be a blurred line depending on the hierarchy of the two parties. Subordinates and supervisors are a no-no. Having said that, if a company belongs to a state that gives employers the right to fire at will you can be fired — at will.
Nonetheless, Privacy is a federally protected right.
The right to privacy in one’s personal relationships has been recognized under both federal and state law; indeed, the issue has even reached the United States Supreme Court. Lawrence, 539 U.S. 558.
In Lawrence, 539 U.S. 558, the Supreme Court held that individual decisions by married and unmarried person “concerning the intimacies of their physical relationship . . . are a form of ‘liberty’ protected by the Due Process Clause of the Fourteenth Amendment.” Lawrence, 539 U.S. at 578. “Moreover, this protection extends to intimate choices by unmarried as well as married persons.” Id. The Court noted “an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex.” Id. at p. 572.
Keep in mind
This article has been focused mainly on consensual work affairs and the office protocols that can come into play. For situations like unwanted advancements in the workplace that’s another story. Remember that workplace romances gone wrong is considered one reason for disclosure. It’s a thin veil of protection that may be used to verify or give plausibility to complaints of misconduct.
Check out the first part of this article here
Other sources for this article include:
UpCounsel — Employee Privacy Rights: Everything you need to know
Rocket Lawyer — Can an employer prohibit workplace dating?
The National Law Review — Love at work: 5 things for employers to know
Shegerian & Associates — A legal guide to dating a coworker: The Do’s and Don’ts
This article is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice
Rock Point Search provides Recruitment Services for permanent and contract positions across IT & Engineering. We’re experts in life transition and team building. The people we help are our people!
Reach out and experience Rock Point Search for yourself, rps@rockpointsearch.com or send me a connection request on Linkedin.
