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For this reason, notification policies are sometimes seen as intrusive. The case, which struck down a Texas law banning consensual homosexual relationships, has been interpreted as upholding the right of all consenting adults to engage in private sexual activity.
With a notification policy, the manager the relationship is being reported to must also be required not to disclose the information, to protect privacy. Employers could potentially be barred from banning workplace romances as a violation of the employee's constitutional right to privacy.
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This is a written confirmation to management that any relationship taking place between employees is consensual. According to attorney Ray Gallo, writing for the Daily Journal, forcing an employee to chose between their job and their partner would constitute an invasion of privacy, while a requirement to inform the company of a relationship would not.
The contract may also include the employees' written confirmation that they have been informed of the company's dating policy and the behavior that is expected of them, such as refraining from any acts of retaliation if the relationship ends. When writing a workplace dating policy, it is important to reduce your potential legal liability.
This helps to protect the company from later charges that the relationship was not consensual and constituted sexual harassment.
With this type of policy, the employees would also have to notify you whenever a relationship ends.
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Although some companies chose to have no policy on dating, that leaves them open to potential liability if a supervisor is shown to have sexually harassed a subordinate, for example, by giving a poor performance review to a former partner.