Samson ended up settling with Chan for ,000 and a favorable letter of recommendation.() Sexual Favoritism Employers must also be aware of any sexual favoritism that may result from romantic relationships.
Relationships Between Supervisors and Subordinates While any relationship between employees may cause problems in the workplace, the level of exposure to employers increases when a romantic relationship develops between a supervisor and subordinate.A “love contract” is an agreement that affirms that the relationship is consensual and that the employees’ understand the employer’s anti-nepotism, anti-fraternization, harassment, and retaliation policies.Love contracts are less common today because employers rely on policies to address and manage romantic workplace relationships without having to resort to contracts.Under the Fair Employment and Housing Act (“FEHA”), it is unlawful for an employer to subject an employee to different terms and conditions of employment because of the employee’s sex. The first type is “Quid pro quo” harassment, which occurs when submission to sexual conduct is explicitly or implicitly made a condition of a job, a job benefit, or the absence of a job detriment.The second type is a “hostile work environment,” in which an individual must show: (1) he or she was subjected to conduct of a harassing nature because of his or her sex; (2) the conduct was both subjectively and objectively unwelcome; and (3) the conduct was sufficiently severe or pervasive to alter the conditions of the employee’s working environment so as to create an abusive working environment.
If a personal relationship in the workplace would affect supervision, efficiency, security, or morale, an employer would have a strong argument for implementing and enforcing anti-nepotism and anti-fraternization policies.