Jurisdiction: Federal

Comments from the Author

Consensual Romance Workplace Agreement (Love Contract)

  • This consensual romance in the workplace agreement or policy (also known as a love contract) is for two romantically-involved employees.
  • This workplace romance policy allows those employees to acknowledge a consensual relationship and relevant employer anti-harassment rules.
  • Some employers allow employees to engage in romantic relationships with one another. Employers may ask romantically involved employees to sign an agreement stating that their romantic relationship is entirely consensual and free from coercion, intimidation, and harassment.
  • In order to minimize legal risk associated with employee romantic relationships, employers should consider using this love contract.
  • In particular, employers may use this love contract to minimize legal risk regarding potential sexual harassment claims.

Description

Consensual Romance in the Workplace Agreement (Love Contract)

Consensual Romance in the Workplace Agreement (Love Contract) Preparation Form – We recommend that you gather the information in this form prior to accessing the online questionnaire.  Doing so will help you efficiently create your custom Consensual Romance in the Workplace Agreement (Love Contract).

Summary

This consensual romance in the workplace agreement or policy (also known as a love contract) is for two romantically-involved employees. This workplace romance policy allows those employees to acknowledge a consensual relationship and relevant employer anti-harassment rules. Some employers allow employees to engage in romantic relationships with one another. Employers may ask romantically involved employees to sign an agreement stating that their romantic relationship is entirely consensual and free from coercion, intimidation, and harassment. In order to minimize legal risk associated with employee romantic relationships, employers should consider using this love contract. In particular, employers may use this love contract to minimize legal risk regarding potential sexual harassment claims.

Details

Use of a Love Contract

Before employers request romantically involved employees to sign this agreement, they should interview each employee separately. Further, employers should record the conversation in written notes and ask questions designed to confirm that the relationship is entirely consensual. The employer should then explain each portion of the agreement to each employee separately and review the policies it references. Finally, the employer should ask each employee to review the agreement and sign it if they agree with its terms.

Minimizing Risk

To further minimize risk, all employers should consider:

  • Implementing and uniformly enforcing an anti-harassment policy.
  • Implementing and uniformly enforcing a romance in the workplace policy.
  • Conducting training on sexual harassment prevention.

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