Coldplay frontman Chris Martin unexpectedly found himself in the spotlight for reasons other than his music. During a recent concert, Martin called the audience’s attention to a couple featured on a jumbotron “kiss cam.” The couple initially appeared to be locked in an embrace before quickly separating and then ducking out of the camera’s view. Martin joked to the audience, “Either they’re having an affair or they’re just very shy.”
Concert Cuddle Fallout
At least one audience member happened to catch the moment in a video that has since gone viral, especially after reports emerged that the video featured two high-ranking employees of a tech company—allegedly the company’s Chief People Officer and the married Chief Executive Officer. Since then, several hoaxes and fake statements have made their rounds and added even greater confusion to the situation. Aside from garnering a social media and tabloid frenzy (not to mention plenty of water cooler discussion), the incident raises real questions for employers in terms of how to deal with the potentially broad implications of alleged office romances.
While The Office helped popularize the idea of the “Love Contract,” dealing with real or perceived romantic relationships in the workplace is even more complicated than Michael Scott and Jan Levinson’s ill-fated affair. Workplace relationships carry with them the increased risk of sexual harassment claims, distractions and productivity issues, allegations of favoritism, and other employee morale issues extending well beyond the couple. These issues increase exponentially where those involved are in positions of authority and/or there is an imbalance of power (i.e., a subordinate dating someone higher on the reporting chain).
Employer Best Practices
Especially in the modern age of social media and shrinking privacy, what is an employer to do if an employee relationship is suddenly brought to light in such a public way? As in so many human resources scenarios, being proactive is key. Best practices include:
- Having a strong code of conduct, workplace ethics, and anti-harassment policies and procedures in place;
- Ensuring employees and supervisors alike are trained on those policies and procedures;
- Considering anti-fraternization policies reiterating that romantic relationships between managers and subordinates are prohibited and that (at the very least) the subordinate will be reassigned a new manager without any change in pay/position if such a situation arises and reassignment is possible;
- If reassignment is not possible, carefully considering whether having one (preferably the higher-ranking individual) resign is necessary and appropriate;
- Considering implementing a “Love Contract” type agreement confirming that the relationship is consensual (at least as of the time of signing) and reminding the couple about the company’s anti-harassment policies;
- Considering, even if no imbalance of power issues are implicated, whether it is feasible to separate and reassign the employees to different areas/shifts to minimize contact at work, reiterating that they are expected to conduct themselves professionally in the workplace;
- Ensuring that employees have multiple avenues for reporting concerns and complaints; and
- Promptly investigating and addressing any employee concerns or complaints that arise.
While the Coldplay kiss scam scandal winds its way through the media cycle, employers should review their policies and seek legal counsel as needed to navigate tricky workplace romance situations so they don’t find themselves “stuck in reverse,” as the song goes.
Kristin Starnes Gray is a partner at FordHarrison.
