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True love takes work: Love contracts in the workplace

May 2024 employment law letter
Authors: 

Mackenzie Clark, Bodman PLC

Workplace romances and relationships are common—no doubt because of how much time employees spend at work. Employers must be prepared to handle romantic relationships in the workplace and have the tools in place to prevent and defend against sexual harassment, discrimination, or retaliation claims that may arise after a workplace relationship turns sour. One such tool is a “love contract.”

What is a love contract?

Love contracts—or “consensual relationship agreements”—are voluntary relationship contracts that both employees involved in a workplace relationship sign. Typically, a love contract will acknowledge the relationship was and is voluntary and consensual. It will also reiterate or identify the company’s antiharassment and nonretaliation policies and affirm that neither person was forced or harassed into the relationship.

You should promote channels of reporting and maintain a positive working environment so employees will be willing to report the coworker relationship to the company. More specifically, you should inform employees that reporting such relationships won’t result in any retaliation.

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