OFFICE ROMANCE Iowa

As managers, we strive to treat our employees equally. Failure to do so is one of the quickest ways we get into trouble. Even the appearance of impropriety or inequality can be just as bad as actual inequitable treatment. This is why workplace romances present such a thorny problem for managers. In EMS, we spend a lot of time with our coworkers due to shift schedules. Coupled with the bonding that occurs in this type of work, romance is sure to flourish. When we consider that employers typically cannot control employees' behavior outside of work, we realize that we cannot simply ban workplace romances.

The issue then becomes how to deal with these types of relationships when they do occur. The most important thing is to deal with the issue in advance. Failure to have adequate policies in place is a path to problems and possible employment discrimination lawsuits.

Developing a Policy

The first, and most obvious, step is to implement clear policies. You almost certainly already have a sexual harassment policy; it's just as likely you do not have one for workplace romance.

Your policy should have an absolute prohibition against supervisors and subordinates engaging in any kind of relationship. This prohibition should include anyone in the supervisory employee's direct chain of command. Supervisors are typically defined as anyone who can materially alter the terms and conditions of employment.

There are countless reasons for this. How can you investigate a complaint against your wife/girlfriend/husband/boyfriend? No matter the outcome, people will always assume that some kind of preferential treatment was given. This prohibition also protects the parties from consequences outside the workplace. Imagine the supervisor comes down hard on his/her significant other for a policy violation. How does the relationship continue? Also consider the impact on other agency employees. Are you opening yourself up to a claim that the only way to be promoted is through sexual relations with a supervisor?

Supervisors & Subordinates

If your system has different divisions or other organizational elements that can be used to isolate these employees from each other, that might be a viable option. Otherwise, allow the involved employees to choose which of them will be reassigned or terminated, with the provision that if they fail to do so, the organization will make the selection for them.

Depending on the agency you work in, another option is to have supervisors recuse themselves whenever a decision involves a subordinate with whom they are involved romantically. This may be advantageous in smaller agencies with a narrow span of control, where attempting to separate or replace the employees can be difficult or impossible. Consider, however, the difficulty involved in this type of policy. Having a system where a supervisor or manager must remove himself from the decision-making process, or having a second level of management sign off on decisions, might diminish exposure to liability, but might also make it difficult to operate on a daily basis. Your policy should cover any area where discretionary decisions are made, including scheduling, base assignments, promotions, discipline and dispute resolution.

Love in the Ranks

Another issue is that of consensual romance between employees where there is no supervisory relationship between parties. In these cases, there are several steps you can take to protect your organization and your employees from liability. First, ensure that your policies are up to date and have been provided, with training, to all employees. Next, implement a "consensual relationship agreement" policy (often called a "love contract"). When relationships between consenting employees come to the attention of management, especially under problematic circumstances, the employees should first be questioned separately to ensure that the relationship is, in fact, consensual. If it is, have them sign an agreement that they will follow the anti-discrimination and sexual harassment policies, behave professionally at all times in the workplace, and not engage in favoritism of any kind.

With all policies of this nature, there needs to be a zero-tolerance threshold. One incident of unequal treatment can be the basis for years of costly litigation and can destroy careers and tear agencies apart. Make sure that everyone involved knows the penalty for violating this policy once you have implemented it.

Note that there is no mention of the type of relationship: marriage, domestic partnership or dating. Treat all relationships the same, as they all have the potential to create problems in the workplace. The goals are to prevent preferential treatment (or the appearance thereof) and to prevent the workplace from becoming hostile. The type of relationship has no bearing at all on what the impacts on the workplace might be.

Matthew R. Streger, JD, MPA, NREMT-P, is an associate at Kern, Augustine, Conroy & Schoppman in Bridgewater, NJ. He is also a paramedic at Trinitas Hospital in Elizabeth, NJ. He is a graduate of Seton Hall University Law School, Clemson University and John Jay College of Criminal Justice. He has more than 20 years of EMS experience and is a member of EMS Magazine's editorial advisory board.