Author: Casey Rocha
Now that the NCAA champ has been crowned, I can stop thinking about basketball and focus on non-fraternization policies. “What a random medley of thoughts,” you say. Agreed, but rather than explore the rich tapestry of my inner psyche, let’s press on. There are profound doctrinal points to be made here.
How many of you have read your employment handbooks from front to back? I’ll bet not many. Yes, it’s long and soul-crushingly boring, but if you manage to get through it without falling asleep or lighting the document on fire, you at least have a quantitative sense of your legal rights and responsibilities.
Now let’s zero in on the paragraph(s) entitled, “Non-Fraternization Policy”. What does “fraternization” really mean? The dictionary defines it as the act of associating or forming a friendship with someone. In the context of employment, fraternization is commonly extended to romantic relationships between colleagues.
How can interpersonal relationships be prohibited in an employment handbook? Is this enforceable?? As is so often the case in the law, the answer is “maybe”.
Why adopt a non-fraternization policy? Primarily, an employer does so to limit the potential for on-the-job distractions and resulting negligence, thereby minimizing exposure to liability. They promote integrity, professionalism and discipline in the workplace. They protect against claims of favoritism based on personal bias and minimize cause for professional scrutiny. They eliminate conflicts of interest, etc. These provisions have become relatively commonplace in a wide range of settings, from small organizations to the U.S. armed forces.
It seems to be a simple, straight forward tool for limiting liability, right? Nope. On the one hand, you want these provisions to be effective. However on the flip side, you don't want them to be so far-reaching that they become unenforceable. Finding the balance can be tricky. A spate of civil lawsuits has challenged the parameters of these policies, requiring that they be sufficiently narrow to avoid interference with other types statutorily protected conduct. For example, an overly broad or ambiguous non-fraternization policy may be unenforceable if it improperly discourages union activity under the National Labor Relations Board. I doubt that you want to navigate these murky legal waters unaccompanied. I recommend that you hire an attorney to draft an ironclad non-fraternization policy for you.
Non-fraternization policies are worth their weight in gold when drafted properly, but they can be worthless if not appropriately and uniformly enforced.
Imagine the following scenario: you are the chief executive at a hospital. You learn that two of your employees have become romantically involved. You foresee problems… catastrophic ones. Nonetheless, you elect not to enforce your non-fraternization policy. Now imagine that the unthinkable happens—you’re slapped with a medical malpractice lawsuit arising from injuries caused by one of those employees. An employer’s failure to swiftly and effectively end the offending behavior may contribute to the allegation that the employer was negligent in overseeing its employees. In addition, the lack of consistency may ultimately weaken the employer’s potency in a general sense.
Ultimately, your best bet for combating workplace romances is two-fold. First, you want to make sure you have a legally enforceable policy in place. Second, you should establish and implement policies and procedures for enforcing that provision. Consulting with an attorney on the matter can help you preemptively address these risks & close up the gaps in your defense against fraternization in the workplace.
If you have any questions or comments regarding this blog email us at blog@lauruslaw.com
www.lauruslaw.com
No comments:
Post a Comment