Workplace Romances, or Lessons from Letterman.
Most companies have policies that restrict boss/subordinate relationships. According to news reports, CBS - like many employers - has a policy requiring disclosure of such relationships in an effort to avoid conflicts of interest. It reportedly states:
If a consenting romantic or sexual relationship between a supervisor and a direct or indirect subordinate should develop, CBS requires the supervisor to disclose this information to his or her Company's Human Resources Department to ensure that there are no issues of actual or apparent favoritism, conflict of interest, sexual harassment, or any other negative impact on others in the work environment.
It's unknown whether Letterman disclosed the relationships to CBS' HR Department. CBS issued a statement saying only that: "Mr. Letterman addressed the issue during the show's broadcast, and we believe his comments speak for themselves."
The Bottom Line: Letterman could face potential disciplinary action from his employer if he failed to disclose the relationships. Letterman, CBS and/or Letterman's rather ill-named production company Worldwide Pants could face several harassment claims with very limited defenses given Letterman's position of authority. The company could also face discrimination/conflict-of-interest claims from employees who didn't sleep with Letterman, alleging that they were treated less advantageously.
Letterman's Not Alone
Several other high-profile personalities have faced big-$$$ lawsuits related to alleged workplace romances in recent years. Bob Barker of The Price is Right fame faced an $8 million sex harassment suit that was dropped after he admitted having a relationship with a female employee. Bill O'Reilly of Fox News settled a harassment suit brought by a female employee who claimed they had phone-sex conversations. Dov Charney, the high-flying CEO of American Apparel, has faced at least four sex harassment claims brought by female employees.
What Should Employers Do?
How can you avoid something similar happening to your company? Here are some simple tips:
Have a policy that (1) clearly prohibits all forms of unlawful harassment and (2) contains a clear mechanism for reporting potential violations, including alternate paths when the alleged harasser is the complaining party's boss.
Fully investigate all complaints of harassment, even if (1) the alleged harasser asks you not to and (2) the allegations are against the head of the company or a "superstar"-type employee.
If the investigation warrants disciplinary action, take it (even if it means firing the CEO or superstar); and carefully consider any and all communications related to the investigation, particularly if they concern a high-profile employee (and discuss them with experienced legal and PR counsel).
Maintain a high level of awareness of your harassment policy and complaint procedures.
Conduct regular harassment training sessions for supervisors and for employees and include as a part of the curriculum a discussion on the problems that can surround office romances, especially those between a supervisor and a subordinate.
Address all job performance and workplace behavior problems as they arise.
What Should Employees Do?
Unless you want to end up facing a grand jury, avoid the extortion route. Instead, report the conduct promptly using the procedure outlined in your company's anti-harassment policy.
If your company has no such policy, talk to your HR person or senior
management and get one. Provide all the facts of which you are aware and cooperate fully with the investigation.
Adopting an Antifraternization Policy
If a total ban on fraternization sounds a little severe to you, you should style an antifraternization policy that fits your company.
And make sure to check your state or local government's commissions against antidiscrimination laws, as well as appropriate and experienced legal counsel.
Antifraternization policies can help ensure a harassment-free, impartial work environment. Such policies are an effective option, not only for eliminating the potential for sexual harassment, but also for increasing productivity and morale within your company.
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