Just before Valentine's Day, romance is in the air -- including in the office. While there are risks to the heart in an office romance, most employers and human resources professionals are more worried about the risk of business disruptions and potential sexual harassment claims. How should we assess the risk of litigation from a workplace romance gone bad?

An annual survey by CareerBuilder found the following about dating in the workplace:

  • People who have dated a co-worker: 37%
  • People who have dated a co-worker twice or more during their career: 18%
  • People who had an office romance that ended in marriage: 30%

Anti-fraternization policies are fairly uncommon in the modern workplace, as most employers find them unnecessary and unworkable. However, employers that have no policy on workplace dating at all may be putting themselves at risk for real trouble.

At the minimum, a breakup between co-workers can cause hard feelings and polarize the workplace. It could also lead to charges of sexual harassment, retaliation or a hostile work environment, especially if the break-up is not mutual.

Even without a breakup, a co-worker couple can set off claims of favoritism, particularly if a member of the couple is a supervisor.

What are the best practices for workplace dating and sexual harassment policies?

According to Tim Gould of HRMorning.com, when it comes to co-worker dating and sexual harassment risk, organizations should set up policies and specific procedures that clarify expectations for all involved:

First of all, managers need to make certain co-worker relationships are consensual. In the worst case, one member of the supposed couple could be the victim of quid pro quo sexual harassment -- being forced to "date" the other in order to keep a job or avoid retaliation. If such a situation is revealed, it needs to be resolved immediately through the organization's usual sexual harassment complaint process.

If a supervisor and subordinate begin dating, the policy should require the supervisor to report the relationship to upper management as early as possible. This can prevent charges of favoritism by giving management a chance to reassign the subordinate to another team.

Whenever co-workers begin dating, management should actively address the issue. Although it can feel like an invasion of the couple's privacy, managers need to sit down both with the couple and with their co-workers and make sure everyone understands what is expected of them. Beyond clarifying that expectations for cooperation and productivity have not changed, it could also include a discussion of professionalism, such as other co-workers not discussing the relationship at work.

Smart companies make clear what kind of conduct is acceptable, whether through policy or informal discussion. Gould recommends making sure, for example, that both parties understand they will be held to the same standards as other employees and that displays of affection are unprofessional in the workplace.

Have a happy Valentine's Day.

Source: HR Morning, "1 in 3 say they've had an office romance," Tim Gould, February 11, 2011