Consensual Relationship Agreements - Article Example

 Consensual Relationship Agreements Love and Romance in the Workplace Let’s face it- man is a social animal and it is hardly surprising that most of human achievement through the ages has been the result of teamwork and cooperation. This is true not only in the formation of cities and towns but on a smaller level, the evolution of the family and family life as the basic social unit. God certainly intended Adam and Eve to be companions and partners, to cohabit and multiply so that their offspring enjoy the bounties of the Earth. Love, attraction, or something like it has been in the air right from the time the first Neanderthal man clubbed, wooed and carried off the first Neanderthal woman to his cave as a life partner. And so it is with life in the office today. Try as we might, most of us in open and free Western societies cannot help feeling attraction for each other. Love happens- even in the workplace- and in fact is quite a common occurrence. To quote the British poet George Herbert, ‘love and a cough’ certainly ‘cannot be hid’. What is a CRA? A CRA is short for a Consensual Relationship Agreement. Consensual Relationship Agreements are written contracts enforceable in the workplace and generally drawn up by Human Resources Departments with a view to preventing or avoiding liability or litigation with respect to sexual harassment and other disagreements arising from a love relationship gone sour between partners in the workplace. It’s a way of trying to ensure that love and work don’t mix. But as they say, it is easier said than done. We cannot separate feelings and emotions from the man or the woman or separate his or her home and family life. Some organizations even ban husband and wife from working in the same firm, but obviously one cannot predict or prevent personal relationships from forming as a consequence of spending 40 hours or more together or in close proximity with each other- hence the need for the CRA or Contractual Relationship Agreement. Human Resource Departments have taken to include CRAs as part of their joining package so that both employees and employer know their rights and liabilities on this account. It is however futile to prevent romantic relationships in the workplace because surveys indicate that as much as 47 percent of employees have engaged in a romantic relationship in the workplace at some time in their lives while 19 percent would consider it. Are CRAs Really Needed in the Workplace? One might consider whether or not CRAs are really needed in the workplace. Most Human Resource professionals would definitely say so in the light of some not so pleasant incidents that had occurred in the workplace, for which the organization was also unwittingly made a partner in crime. In other words, the plaintiff not only sued the former co-worker/ love partner but also the organization in which the relationship took place. To prevent such a situation from occurring, it is seen that it is far better for organizations to have a policy on this issue. That said, the common elements of a CRA or Consensual Relationship Agreement are usually the following: a. The relationship between the romantically involved parties is consensual and voluntary; b. Agreement to abide by the firm’s anti-harassment, anti-discriminatory and workplace conduct policies; c. A promise to report any perceived harassment to management, should it occur; d. Agreement to behave in a professional manner and not to let the relationship affect their work performance; e. Agreement to avoid behavior that offends others in the workplace; f. Not to engage in favoritism. Applicable especially to relationships where one employee reports to another or has the authority to influence the career prospects of the other employee in the relationship. If it is desired to make a CRA an official part of company policy, it should be read and signed by all joining and existing employees. By signing a CRA, employees are made aware that their work schedules should not interfere with their love life. They are reminded to be professional in their relationship at the workplace. Personal commitments should be scheduled after office hours. Some employers frown even over the use of overly friendly words at work and in emails such as ‘darling’, ‘honey’ etc. The arguable benefit a CRA provides is that it shelters an organization from being sued in the event that there is a falling out between romantic partners. HR should also ensure that promotions and pay raises are given for performance and not as a result of personal relationships. Argument against the Use of CRAs Believe it or not, there can be an equally compelling argument against the use of CRAs or contractual relationship agreements in the workplace. First of all, whatever goes on between employees in a workplace is their own private matter and as long as it is not painfully obvious or they are not blatantly against the rules pertaining to office etiquette, no one can fault them for an office romance. It is part of human behavior and is a fairly normal occurrence. Barring overly passionate displays of emotion or wasting time whispering sweet nothings, blowing kisses or drooling over each other-more discreet behavior is tolerable by office standards. Sometimes being in love can bring out the best in employees as they go the extra mile for their loved one and if that contributes to office goals, so much the better. Care should be taken to see that no one is indulging in fake romances just to get ahead on the career ladder but in this case, time is the best indicator of one’s true intentions (Lawyers.com). Secondly, making CRAs enforceable in the workplace could result in employees treating each other with a minimum of respect. Any warm or friendly feelings could arouse suspicions. It would be like a spy zone where everybody is suspicious of each other and even an honest flattering comment can erroneously be construed as sexual harassment. In other words, we would be inviting a slew of litigation at the cost of having a more open and honest policy at work. It is best to adopt a policy that is neither too harsh nor too permissive. Most employees are discreet enough to draw the line between office and flirtatious behavior without being told to do so. Thirdly, all employees have feelings and fallouts and breakups are part of the dating game. Emotions do carry over at work but the wise employee should recognize that work and love life do not mix- and not cause a situation at work. Are CRA’s Ethical and/ or Legally Enforceable? The only ethical ground I can think of on which to get CRAs signed is on the grounds of conformity with office décor. One should separate his or her personal life and feelings from work behavior. Of course, the CRA would protect the office from being dragged into an employee’s private matters, which is why it has been drawn up and signed in the first place. A CRA is an agreement, not a contract, and to make it a condition of employment is both silly and unprofessional. Alternative Approaches to the Issue So what happens if the conditions of a CRA are violated-for example, resulting in fights at work or inordinate displays of affection? Can it be valid grounds for dismissal? I certainly don’t think so and at best HR can issue the employees concerned a verbal reprimand followed by a written warning, but it must show that this is affecting the office etiquette and the performance of the employees. The next best thing is to have a written policy but not make it a condition of employment. Employees must be told categorically at the time of hiring that their personal relationships should not interfere or impede their work performance. This can safely be part of policy without affecting the employee’s feelings. Evidence from Research Findings Findings indicate that ‘kiss and tell’ or consensual relationship agreements emerged in the USA in the aftermath of the Clinton- Lewinsky scandal (Selwin, 2007). Such instances are most common in the entertainment industry, but high level executives such as Boeing’s Mark Stonecipher, GEs Jack Welch and IMF’s Dominique Strauss Kahn have also been in the limelight for such reasons. Though lovers try to remain secretive about their affairs, sometimes an office romance becomes the hot topic over coffee break. While some say it is over-policing the employees, others see the practicality in the situation and say that it is better that employees agree to sign a CRA once the relationship becomes known. It has mitigated many cases of false sexual harassment or nonconsensual sex claims. References Lawyers.com (n.d). Steps to take to prevent sexual harassment in your small business. Accessed on 23 Jul 2012 at http://business-law.lawyers.com/small-business-law/Steps-to-Take-to-Prevent-Sexual-Harassment-in-Your-Small-Business.html Saint-Cyr, Y. (2011). Possible Negative Effects of Office Romances. HR Infodesk. Accessed on 23 Jul 2012 at http://www.hrinfodesk.com/preview.asp?article=35263 Selvin, M.(2007). Love Contract? It’s Office Policy. The Los Angeles Times, 13 Feb 2007. Accessed on 23 Jul 2012 at http://articles.latimes.com/2007/feb/13/business/fi-love13 Read More