We spend most of our waking lives at work and with our co-workers. Co-workers date each other. It is a fact of life. Most people understand that there are good reasons not to date a co-worker. Yet, it is hard to understand how the conduct can and should be regulated. In most states, employers may enact a policy that bans dating within their organization. Although this may technically be legal, there are limits to which an employer may go to enforce the policy. People have a constitutional right to privacy. The overlap between employer rights to regulate the place of employment and an individual’s right to privacy is the gray area where many employment law difficulties arise.
Why Would an Employer Ban Co-workers from Dating?
An employer has legitimate concerns about co-workers dating. From an employer’s perspective, it is easier to adopt a dating ban policy than to deal with the many negative consequences that can arise from not having a policy in place. A ban on dating can act as a shield for the employer against employee complaints and concerns of the many issues that arise when dating is allowed. Examples include concerns about favoritism, low morale, high turnover, and reduced productivity.
If co-workers are dating and they work in the same unit, they can be distracted by their personal relationship enough to interfere with their focus on work. If other co-workers become aware of the relationship, they may be annoyed by the conduct, or be expected to pick up the slack....
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