Jon Stojan
Let’s face it – office romances happen all the time. Over 60% of people have been involved in a romantic relationship with a coworker at some point in their careers. Dating a coworker itself isn’t illegal. But when there’s a power imbalance, things can get legally tricky fast.
“With great power comes great responsibility,” says Navruz Avloni, founder of employment law firm Avloni Law. “When you have a hierarchical dynamic between coworkers dating, it raises major red flags around consent and potential abuse of power.”
The safest approach is when couples are equal peers that work in completely different departments. That helps avoid issues around quid pro quo sexual harassment, as well as lingering awkwardness if things don’t work out. But in such cases, employees still need to carefully review and follow their company’s policies on workplace relationships.
When a boss pursues a subordinate romantically or sexually, there’s an inherent pressure from the power differential at play. The subordinate might worry about their job being on the line if they turn down the advance. The bigger the rank gap, the more pronounced this “consensual deficiency” becomes. And what if the CEO hits on an employee at a company retreat or at a company party? Consent here is questionable and depends on the context and the various factors at play.
“Let me be clear – silence doesn’t equal consent,” Navruz states firmly. “Companies absolutely must ensure staff understand an enthusiastic, freely-given ‘yes’ is required.”
Interactions can take on different meanings when there’s a hierarchy involved. Subordinates may still not feel safe rejecting advances from someone with influence over their career. That’s when exposure to liability may arise – for the supervisor and the company.
Of course, some workplace couples start as colleagues who genuinely connect. But favoritism, ego, or retaliation can make things messy fast. A manager dating someone below them may feel compelled to give promotions or raises to reinforce the relationship. Then if they break up, the subordinate could face dismissal or retaliation – even if no malintent existed at the start of the relationship.
Then there are the blatant abuse of power situations that fueled #MeToo’s rise. Executives and high-level players using their positions to bully, harass, or coerce sexual favors from subordinates whom they hold significant power over. At some companies, widespread sexual misconduct had been an open secret for years.
Creating a safe workplace, which all employees are entitled to, requires organizations to proactively build cultures of respect and accountability. Employees at all levels must understand appropriate boundaries, including that it is not okay to wield one’s power and influence to coerce sexual favors, as well as safe channels to report concerns. Robust reporting processes and anti-retaliation protections are critical for victims who come forward.
Organizational silence or inaction around sexual misconduct is unacceptable. The human and legal costs are far too high. Every employee deserves a safe environment to succeed on merit and performance – not endure harassment or coercion.
For workplace relationships starting respectfully, companies should provide clear disclosure avenues to mitigate risks. But there can’t be any gray areas when power gets abused. True workplace equity demands zero tolerance for misconduct.
#MeToo pulled back the curtain on the pervasiveness of workplace sexual abuse and harassment. While progress has been made, continuous effort is required to create fear-free environments where all employees can thrive. Companies ignoring these issues not only risk liability – they’ll struggle to attract and retain talent unwilling to put up with toxic cultures.
Preventing and properly addressing problematic workplace relationships is not just best practice, it’s an ethical and business imperative. As Navruz mentions, “With great power comes great responsibility.” Organizations have an obligation to wield that responsibility wisely.