Consensual Relationship Agreements - Essay Example

Consensual Relationship Agreements April 27, Introduction Recently the Equal Opportunity Employment Opportunity Commission announced a new trend emerging: the growth in harassment charges. With more women and men working together now than at any other time in history it is important to have guidelines to clearly distinguish when sexual advances are wanted and welcomed versus used as a means of control, embarrassment, belittlement, or inappropriate behavior. It is often impossible to determine when advances are unwanted and developing; and implementing consensual relationship agreements in today’s corporate, private and public employment is a necessity to avoid ethical dilemmas (Zachary). All companies are required to have defined and posted sexual harassment policies in the workplace, though this distinction or variance to a consensual relationship is often poorly defined, if defined whatsoever. Establishing a baseline of individual freedom means that adults must be allowed to enter into consensual relationships with other adults (Eichner). States must not delegitimize relationships among consenting adults and relationships should be recognized. Sexual harassment litigation fears means more and more companies are scrambling to create appropriate policies to consider, define, and somehow regulate the demonstration of these relationships in the workplace (Powers, p. 20). Consensual Relationship Contracts Anywhere from 33% to as high as 70% of company employees have at one time or another admitted to being involved in an office relationship. Work provides opportunities for socialization among men and women that would not be possible anywhere else. Togetherness occurs naturally in a comfortable and mutual environment and the mutual grounding of close friendship will frequently develop into romance. Employees often rush easily into these relationships despite factors, such as the possibility the relationship may not work out, the organizational environment may prove to be too rigid or the affair would invoke the criticism of fellow employees. Workplace romance trends have been increasing for several reasons, namely, increased demands on free time, more women in the workplace and in management positions, and an increase in positions requiring travel and team projects. Guidelines should be implemented which accept the inevitable realities of on the job romance while also providing the organization with protection from the problems of relationship fall-outs. One half of all work place relationships are estimated to end in marriage, studies show that environments where peers are likeminded in respect to education, life experience, and work ability are more likely to be compatible and have lasting relationships. Relationships that break down and are not resolved amicably can leave employers facing a variety of possible claims. Issues, such as a failed transfer of one employee after a relationship, could lead to litigation claims. Homosexual relationships could lead to sexual orientation discrimination claims if the individuals are not treated equally. Some employers choose to ban relationships among employees in order to avoid these issues through non-fraternization policies (Reeves, p. 20). Bans, such as this, run the risk of breeching human rights policy and are not likely to be effective considering the amount of relationships that now begin in the work place. Some employers are using contacts or consensual relationship agreements which require disclosure of a relationship, thus, giving the employer the opportunity to relocate one employee or the other to avoid conflict. These contracts have an uncertain legal status and enforceability has been tested numerous times in legal tribunals and lawsuits. Consensual relationship contracts are used in order to avoid sexual harassment and retaliation lawsuits, especially when relationships involve employees who are on different levels of authority. The majority of companies do not have policies in place regarding consensual relationships and of those that do involve relationships with an authority figure and an insubordinate. Consensual relationship contracts require the employee to acknowledge that relationships are voluntary and consensual and employees agree to abide by the organizations antidiscrimination, anti-harassment, and workplace conduct policies (Hellriegel & Slocum, 2011). Agreements promise to report perceived harassment or discrimination if it occurs and to avoid behaviors such as displays of affection that may be offensive to others. The relationship must not affect job performance and employees must agree to behave professionally at all times despite any personal relationship issues that may develop, favoritism must also be avoided in relationships where employees are on different authority levels. Reasons for employees to require consensual relationship agreements include decreasing the risk of sexual harassment litigation; contracts can be used as compelling evidence that employees entered into the relationship voluntarily. Consensual relationship contracts can be included as a condition of employment in the case of employees who are unwilling to agree to these terms. Reducing the perception of favoritism is also important; it is not only poor employee relations it is also cause for sexual harassment lawsuits. These contracts also remind employee of the lack of privacy in the work place and that they do not have the legal right to privacy when they bring their relationship concerns and issues into the relationship. Consensual relationship can compromise the integrity of employee responsibility and also create the possibility or potential for abuse of authority and also create problems due to perceptions of co-workers. Contracts should include the reporting of the relationship to a higher level authority and also require the employee to cooperate with any actions taken to eliminate actual or potential conflicts of interest. The administrator or person in authority should treat the information with confidentiality and consider transferring one of the individuals to another position, transferring supervisory responsibilities or decision making responsibilities, and also provide another level of oversight to the supervisory role (Oregon, 2012). Performance evaluations, decisions concerning salary, or decisions concerning promotions or tenure and continuation of employment should not be handled by any employee involved in a relationship with another employee. Arguments against the Use of Consensual Relationship Contracts These contracts are highly individualized and actively involve the employer in what many employees feel is their private business. Accusations of invasion of privacy are common and can put administrators in the awkward position of having to keep track of who is dating whom. Managing these relationships is not the best use of an administrator’s time or of company resources. The contracts are often involuntary and can also create the appearance that a relationship in the work place in sanctified. Critics of these contracts believe that couples will be forced into secret affairs and subterfuge. Unless the relationship is having a negative and strong impact on the employee’s ability to perform tasks then there is a very strong argument that the relationship has absolutely nothing to do with the employer (Easen, 2004). Ethical Principles in the Use of Consensual Relationship Agreements Signing these agreements do no waive all other rights that concern sexual harassment or other wrongful behavior though they usually include arbitrary agreements which state that any issues that evolve at a later date must be resolved through arbitration proceedings. This practice means the individual may no longer have the right to resolve issues through the public court systems thus removing chances for compensation. Some company policy specifically state that relationships cannot exist where there is risk of exploitation or potential harm. These policies are especially prevalent and important in situations where one is in a position of high authority and decision making ability. Creating consensual relationship consent agreements also opens the door for many potential challenges; questions arise such as the meaning of consent and how to determine if the individual has the capacity to consent. It is presumed that the employee has the capacity to consent and sign the agreement though legally this has not been predetermined merely by the state of being employed. The legitimacy of the consent is also another ethical matter that can be brought up in the case of challenging an agreement; was the agreement signed willingly and without force, bribery, stipulation or pressure? Addressing Workplace Romance Romance policies send negative messages to employees, employees may perceive these policies as intrusive and indicating the company’s willingness to become involved in the employees personal lives. When co-workers are involved in a relationship there is no need for company involvement unless a problem develops, such as public displays of affection or other behavior considered inappropriate unless the relationship involves one in a position of some authority over another. One option to consensual relationship contracts are harassment and discrimination in the work place. This option would ensure each employee should be educated on the appropriate behavior on the job regardless of the circumstance. Open channels of communication and advanced training at the start of employment mean that each individual is aware of policy and are responsible for following policy while on the job despite personal circumstances that may develop. When relationships do develop an employee should be transferred to a different position or department to ensure that there is no conflict. Conclusion Regardless of the conditions surrounding an individual’s employment the chances are high that working with similar and like-minded individuals can lead to the formation and development of new relationships. Many statistics have shown that this emerging trend is causing many companies to scramble to form some sort of policy and procedure to protect themselves from liability issues which could arise. It is not necessarily the best practice to insist upon a consensual relationship agreement due to reasons mentioned, such as proof of capacity to understand the contract before signing and also the defining of consensual. Education and awareness of appropriate professional on the job behavior may be the best solution for this emerging trend. References Zachary, M. (2012). Consensual relationships and sexual harassment. Supervision, 73(3), 20. Eichner M. (2007) Principles of the law of relationships among adults. Family Law Quarterly [serial online]. Fall2007 2007; 41(3): 433-453. Criminal Justice Abstracts with Full Text, Ipswich, MA. Powers, D. M. (1999). Consensual workplace relationships: The stereotypes, policies, and challenges. Compensation & Benefits Management, 15(3), 20. Reeves, P. (2006). WHAT TO DO WHEN CUPIDS ARROW STRIKES. People Management, 12(24), 20. Hellriegel, D., & Slocum, J. W., Jr. (2011). Organizational behavior: 2011 custom edition (13th ed.). Mason, OH: South-Western Cengage Learning. Oregon State University. (2012). Equity and inclusion. Consensual Relationships Policy. Retrieved April 29, 2012 from http://oregonstate.edu/oei/consensual-relationships-policy-0 Easen, N. (2004, May 28). Sign here for office love. CNN. Retrieved April 29, 2012 from http://www.cnn.com/2004/BUSINESS/05/28/go.love.contracts/index.html Read More