Workplace romance and sexual favoritism in the #MeToo workplace: legal and practical considerations for management

Abstract

PurposeThe advent of the #MeToo movement has brought forth increased national and global attention to sexual assault, abuse, misconduct, discrimination and harassment in the workplace, especially by prominent executives against subordinate female employees. Accordingly, in this article, we are thoroughly analyzing one aspect of office romance and sexual conduct in the workplace, mainly sexual favoritism in the era of the #MeToo movement.Design/methodology/approachThis is a legal and case-based human resource policies paper. It reviews actual workplace romance cases, policies and court-based decisions to create practical recommendations that can be used by managers, entrepreneurs and corporations for their organizations. One delimitation of this paper is the fact that it focuses on the US context. Another is that, while organizational behavior researchers have empirically studied various workplace romance policies and practices, the paper is a case-by-case analysis of sexual favoritism. “Specifically, the legal research for this article was conducted on the law database, Nexis Uni Legal, in the Cases (both federal and state) and Law Reviews and Journals sub-databases, using the direct key words in quotations “workplace romance,” “office romance,” “sexual favoritism,” and/or “paramour preference,” as well as the indirect key words “appearance discrimination, “preferring the pretty,” and/or “lookism.” As the authors' intent was to examine the legal and practical consequences emanating from the #MeToo Movement, the authors concentrated their search on cases and law reviews from 2012 to February 2021.FindingsResearch shows that about 35–42% of women have experienced some form of sexual harassment or sex discrimination at work. Many of the high-profile sexual cases that generated the #MeToo movement involved powerful executives asserting that their romantic relationships with subordinates in the workplace were “merely” consensual office romance or sexual favoritism. As a result of the #MeToo movement, employers have been compelled to reconsider how they should respond to sexual discrimination, sexual harassment, office romance and sexual favoritism in the workplace. This article offers best practices for policymakers and human resources professionals.Research limitations/implicationsThis article's recommendations are limited to workplaces in the US and may not be relevant in other countries as the local laws might vary.Practical implicationsThere are policy and behavioral implications for companies, managers and employees regarding workplace romance and sexual favoritism. As such, we provide policy recommendations to human resources department and management on how to provide a healthy work environment for all employees and avoid liability for sexual harassment cases pursuant to Title VII of the Civil Rights Act.Social implicationsThe awareness of policies and laws regulating office romance can help educate managers and employees in local communities as to their rights regarding relationships with coworkers and those who report to them. When people are able to date whomever they desire outside of the workplace, employers can regulate some aspects of sexual relationships in the workplace.Originality/valueThis is an original paper by the authors.

Issues with Romance in the Workplace Environment

“…Furthermore, Cavico and Mujtaba (2021) discuss how requiring those entering a WR, must disclose the relationship to human resources and sign a contract stating the relationship is consensual; can be done for some companies as a way to avoid legal problems when it comes to the possibility of a sexual harassment claim (p. 675). As the employer being proactive and setting fair workplace romance policies, will create appropriate relationship standards and conduct for the couple and coworkers.…”

“…As the employer being proactive and setting fair workplace romance policies, will create appropriate relationship standards and conduct for the couple and coworkers. Despite the importance of workplace romance policies, it was reported by Morgan (2010, as cited in Cavico & Mujtaba, 2021) that only 13 percent of 600 companies surveyed had a formal written policy about WR, though 14 percent stated to have an "unwritten" policy (p. 679). As the years go by, it appears than more companies are increasing with the notion of written policies, as Leong (2019, as cited in Cavico & Mujtaba, 2021) reported in 2013 that 36 percent of companies had a written policy and 6 percent had a verbal policy (p. 679).…”

“…Despite the importance of workplace romance policies, it was reported by Morgan (2010, as cited in Cavico & Mujtaba, 2021) that only 13 percent of 600 companies surveyed had a formal written policy about WR, though 14 percent stated to have an "unwritten" policy (p. 679). As the years go by, it appears than more companies are increasing with the notion of written policies, as Leong (2019, as cited in Cavico & Mujtaba, 2021) reported in 2013 that 36 percent of companies had a written policy and 6 percent had a verbal policy (p. 679). Further emphasis is placed on policies that prohibit HWR, as discussed previously, these relationships have the most negative impact on the workplace environment, thereby creating concerns among coworkers (Workable.com, 2020, as cited in Cavico & Mujtaba, 2021.…”

Social networking information and pre-employment background check: mediating effects of perceived benefit and organizational branding

“…Moreover, the data are readily available and it is huge. It is more and more noticeable from the literature that organizations that embrace SNI can potentially add an extra layer of efficiency to the process (Breaugh, 2013;Broughton et al, 2013;Cavico et al, 2013;Heidemann et al, 2012;Caers and Castelyns, 2011;Madia, 2011). Particularly, for conducting PBC, SNSs can aid by providing readymade information already available for the employers to screen job candidates.…”

What’s love got to do with it? How does workplace romance provoke workplace ostracism and interpersonal conflict

“…Scholars in the realm of workplace relationships argue that workplace romance induces both positive and negative outcomes (Khan et al , 2017). For instance, a wide stream of studies identified different facets of work-related behaviors and attitudes such as sexual favoritism (Cavico and Mujtaba, 2021), organizational settings and politics (Sidhu et al , 2020); turnover intentions (Chory and Hoke, 2019), performance (Jung and Yoon, 2020; Khan et al , 2018); and career reputation effects (Chory et al , 2022), among others. No research, however, has investigated workplace romance as an interpersonal antecedent that might inflame workplace ostracism.…”