If an employee was let go under this policy without solid evidence and that employee came back and alleged the real reason for the discharge was gender, race, age, etc., then the employer would have a weak defense since its ‘legitimate business reason’ for the termination was so flimsy.” So there are the facts on legality. From the employer’s side, there are all kinds of reasons not to want couples in your organization — but banning dating upon penalty of firing is a very old-fashioned policy and out of touch with how most modern workplaces operate.Throw in the fact that they have a pattern of firing the women in these couples but not the men, and there’s something pretty disturbing there.In a supervisor/subordinate co-worker relationship, there is an imbalance of power which may generate issues in the workplace.There is the risk that the supervisor will give unfair treatment to a subordinate that he or she is dating or may engage in favoritism.But, California Labor Code protects an employee's right to privacy to engage in whatever lawful activity an employee wants while he or she is off the clock and away from work premises. That said, not all co-worker dating relationships are protected.There is California precedent that suggests that employers can prohibit some types of workplace dating relationships.I’d say that you have to decide if you want to work for a company that operates that way.
By way of example, employers have a legitimate business interest in preventing employees who are in supervisor positions from dating employees who are in subordinate positions.Contact us for a free consultation about your situation today.I carpool with a male coworker, and he and I have become friends.People spend a lot of time at work and even more time at office lunches and happy hours, so it is not uncommon for workplace relationships to evolve into intimate relationships. When romantic relationships enter the workplace, the relationship is no longer just between two people, but can affect coworkers, supervisors, and the public.While the idea of having an office sweetheart may boost some employees’ morale, romantic relationships in the workplace can create employee dissension and legal liability for employers.That is to say, the employer does not need admissions from the employees, or explicit emails, or video evidence.