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Consensual Relationship Agreements Case Study

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BUS520 Assignment 1 Vastano
Consensual Relationship Agreements Case Study

November 10, 2012

Consensual Relationship Agreements Case Study
Consensual workplace agreements are being adopted by some companies it response to workplace romances. I am going to argue for the use of them and also counter against their merit. There will be a discussion of the ethics involved in their use. I also plan to give an alternative to the consensual workplace agreements.
There are many reasons for using Consensual Relationship Agreements in the workplace. We will examine a few of the reasons I feel are that they are valid and have merit for use. These are protection from sexual harassment lawsuits, it will allow the inevitable workplace romance between employees, it sets boundaries for behavior at the workplace and can help with the levels of relationships if one or both move into different positions in the company.

Most companies are concerned about the possibility of sexual harassment in the workplace. It is estimated that in the United States nearly 10 million workplace romances occur each year, and that nearly 40% of all employees have had one. (Pierce & Aguinis, 2009) This is of concern for the employer. Keeping the workplace romance in the open and having those involved, by signing a consensual relationship agreement, may help with a reduction of raising sexual harassment lawsuits. The agreement of the relationship may help in instances where the romance dissolves. Also if the relationship is clandestine then it could turn into one party accusing the other of duress or coercion.

Since we know that workplace romantic involvement is going to happen, then it may be better to get the benefits it offers. Workplace romance can be very positive. Moral between those involved in the romance can increase. This can yield higher levels of energy, creativity, and motivation. Productivity, cooperation, communication and teamwork can all be improved by not only those involved, but others working in the environment. (Cole, 2009) Those involved in the consensual workplace agreement may feel valued and this would have a positive effect upon their needs being met. The people involved in the relationship may not be acting in a normal manner if they are constantly wondering if what they are doing may cause a detrimental outcome to their employment.

By using a consensual relationship agreement it will help establish rules for workplace etiquette. Rules for how to act on the job can be specified in that agreement. This is not just for peer involvement but also supervisor subordinate relationships as well. Putting guidelines in the agreement may help from ethical lines at the workplace being crossed.

Consensual Relationship Agreements can also be detrimental to the workforce. It may make employees feel as if they have no privacy. They feel that their interpersonal relationships are their business. Questions may arise in how the company perceives them. Am I an asset to the company or by signing the agreement am I just a liability waiting to happen? Feelings of worth or value may be skewed.

There may be also an issue of extramarital affairs. What if one or both of the parties are involved in a marriage or long term relationship? Signing a consensual relationship agreement may be seen as an invasion of privacy. Most parties involved in these would not be willing to sign any agreement. This could have detrimental long term effects on them.

When parties are openly signing an agreement that they are involved it can lead to others in the workplace questioning favoritism. It could lead to thoughts of did they get the promotion because of the involvement. Peers may perceive preferential treatment for other coworkers. Although these feeling may occur with or without an agreement it can lead to feelings that the company is condoning the action.

One of the main reasons that companies seem to be using the agreements is for limitation of liability. The have the feeling that if they have the parties involved sign the relationship agreement that they may avoid sexual harassment lawsuits. During a 10 year period over 14000 sexual harassment lawsuits were filed annually, of these an average of 51 per year were filed due to failed office romances. (Lickey, Berry, & Whelan-Berry, 2009) The feeling that a company is looking out more for itself than the value of the employee is highlighted.

Workplace romances are bound to happen. There are some statistics that show that 44% of workplace romances lead to marriage and an additional 23% lead to long term relationships. (Boyd, 2010) These may be hindered or altered if the people involved feel as if their employer is taking too much notice. It may affect the outcome of how the relationship goes.

There are also ethical principals involved in the consensual relationship agreements. I stated earlier that the employees may feel an infringement upon their privacy. Thoughts of why is it important that the company knows my personal business. You have to weigh the benefits of the company trying to protect the rights of the workers and the rights of the company to protect itself. The company may just be using the protection of the workers to justify protecting itself.

People may not be willing to sing the agreement due to many different circumstances. The company may be overstepping its rights to make the employee to document any relationship. A person’s may feel their freedom of association is being denied. Does the ends justify the means? At what level are the employees best interests become part of the equation?

Companies wishing the employee to sign the agreement may be unethical because the employee may feel that they are being intimidated. The employee may feel that if they do not sign the agreement it may have future consequences. Not complying with what is asked of the employee could lead to feeling of the company is now out to get me.

When a company is asking the employee to sign a consensual relationship agreement may also make it seem if the company does not truth the employee. I feel an ethical company must have respect. There are three areas of respect that I feel companies should have. These are people, the business, and the community.

Consensual relationship agreements may not be the best way for a company to handle office relationships. I feel a better option would be to have a workplace romance policy. If companies know that workplace romance is going to happen it should be proactive and have guidelines set up in advance. It has been said that the best defense is a good offence.

When hiring a new employee a lot of companies will tell them what is expected. Larger companies will have orientations and or training to let them know the rules. This is the perfect time to let new hires know the policies and practices of the business.

The romance policy should be clearly written and address proper expectations for both the employee and the company. The policies need to be defined as not to discriminate based on gender or sexual orientation. It also must not infringe upon the rights of the employee. There needs to be defined consequences if not followed.
There may be different rules for peer relationships than for supervisor subordinate relationships. It should also allow for the advancement of either or both of the parties involved. Making them feel that they would not be hindered if one chose to advance in their career.
Peers also must be made aware that they should not being sharing confidential information if working in different departments. If wanting to advance in title or position may require that the coworkers may not be able to be in the same department should be addressed in advance as well. This may help the employee make an informed decision before applying for a position.
Workplace interaction is also an area that may need to be addressed. There needs to be a level of decorum. This goes with all employees not just ones in a relationship. Most behavior in a relationship should be the same for all workplace interactions.

Allowing for workplace relationships will let the employee know that they are valued. It also allows the company to reap the many benefits from such relationships. Having a policy in place would not stifle the employee’s feelings that they are not free to pursue the companionship of a peer. It may also allow not only the ones in the relationship to have positive gains, but those around them that are enjoying the benefits of the good feelings involved.

In conclusion consensual relationship agreements have positive and negative impacts on the business and the employees. The agreements may bring about some level of protection for the company and the employees. Some employees may feel that their rights are being infringed upon. Workplace relationships are going to happen. Some companies may feel this is the right solution for them, while others may feel that setting up a workplace relationship policy would be a better fit for them.
References
Boyd, C. C. (2010). The Debate Over the Prohibition of Romance in the Workplace. Journal of Business Ethics, 97(2), 325-338.
Cole, N. (2009). Journal Of Business & Psychology. Journal of Business & Psychology, 24(4), 363-372.
Lickey, N. C., Berry, G. R., & Whelan-Berry, K. S. (2009). Responding to Workplace Romance: A Proactive and Pragmatic Approach. Journal of Business Inquiry: Research, Education & Application, 8(1), 100-119.
Pierce, C. A., & Aguinis, H. (2009). Moving beyond a legal-centric approach to managing workplace romances: organizationally sensible recommendations for HR leaders (Human Resource Management). .

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