Consensual dating meaning
No matter how you look at it, both legal and practical risks abound when someone has to supervise (or even indirectly analyze or critique the work performance of) their special someone.
With this legal backdrop in mind, here are a few tips for crafting non-fraternization policies: However, if you find yourself in a situation in which you believe you have no choice (operationally) but to allow such a relationship, actively manage the risk.
Be vigilant, do not make exceptions and treat all relationships the same -- regardless of the participants' gender or sexual orientation. The views and opinions expressed in this article are the author's own and do not reflect the official policy or position of any other agency, organization, employer, company, or individual.
Although this does not fully insulate you from later liability, and still might be perceived by some employees as heavy-handed or overly paternalistic, it no doubt helps to mitigate the risk and helps try to avoid/defend costly litigation.
Some employers may decide that, for their culture and risk tolerance, it makes sense to ban all types of workplace dating.
Of course, as with any personnel policy or practice, decisions around employee dating will be subject to general anti-discrimination scrutiny.
This means employers can face discrimination liability if, for example, it is shown they permitted dating among employees who are under 40 but not among employees over 40, among straight employees but not gay employees and the like.
A "course of conduct" means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.