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A 1995 survey estimated that 80 percent of all employees have either observed or been involved in a romantic relationship at work. The Problems with Employee Dating Even though romantic relationships in the workplace are common, employers have legitimate reasons for concern about employee dating.The biggest fear is a sexual harassment lawsuit arising from either: Sexual harassment laws prohibit "unwelcome" sexual advances.Therefore, the participants in a truly "consensual" relationship cannot prove sexual harassment.The difficulty for the employer is proving that the relationship was consensual.As the old saying goes "you don't dip your pen in the company ink." In other words, you shouldn't get into a dating or sexual relationship with a co-worker.But consider this: according to a recent Workplace Options survey, nearly 85% of 18-29 year olds would have a romantic relationship with a co-worker, compared to just over 35% for 30-46 year olds and about 30% of 47-66 year olds.

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Sexual Harassment If employers do not take swift, proper action upon discovering a romantic workplace relationship, they may be faced with claims of sexual harassment.Under the Fair Employment and Housing Act (“FEHA”), it is unlawful for an employer to subject an employee to different terms and conditions of employment because of the employee’s sex. The first type is “Quid pro quo” harassment, which occurs when submission to sexual conduct is explicitly or implicitly made a condition of a job, a job benefit, or the absence of a job detriment.The second type is a “hostile work environment,” in which an individual must show: (1) he or she was subjected to conduct of a harassing nature because of his or her sex; (2) the conduct was both subjectively and objectively unwelcome; and (3) the conduct was sufficiently severe or pervasive to alter the conditions of the employee’s working environment so as to create an abusive working environment.Often, an employee will argue that he or she was an unwilling participant in a relationship that merely appeared to be consensual.Even a consensual relationship, if it goes sour, can result in unwelcome advances, stalking, or other predatory conduct.




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