Q&A with The Workplace Advisors – January 2025

When workplace relationships between supervisors and employees go undisclosed, they can pose significant risks to the organization. Addressing these situations proactively is crucial to mitigate legal and ethical concerns.

Question: We recently discovered that a supervisor has been in a secret romantic relationship with an employee for 6 months. What issues could this create, and what can we do?

Answer: This relationship creates a great deal of exposure. If it ends poorly, the employee may have a claim of quid pro quo sexual harassment. Even if it continues and thrives, other employees may have a harassment claim if they feel they are being passed over due to the relationship.

You should review your policies. If you do not already have one in place, develop a policy prohibiting relationships (romantic and familial) between supervisors and employees. Outline what relationships are prohibited, the expectation of transparency, and actions to be taken if a situation develops, whether through a new romance or hiring a new employee. You should also create a procedure for employees and supervisors to report their relationships so they can be managed from the beginning.

You should take action to eliminate the supervisory relationship between the two. If possible, reassign the supervisor, as reassigning the employee may create additional exposure if the employee chooses to file a harassment claim.

Consider disciplining or even terminating the supervisor for allowing the relationship to begin, not disclosing the relationship, and bringing that liability onto the company. If you have a policy against romantic relationships, you could also discipline the employee, but it should not be as harsh since they do not have the supervisor's responsibilities. 

Finally, if the employee or their co-workers complain about the repercussions of this relationship, investigate thoroughly and take proper action based on your findings. 

Taking decisive action when the relationship is exposed and if there are residual complaints will help mitigate your exposure but will not eliminate it.