Create Virtual Bouquet

Questions of whether the day can be productive at all are inherent to a day that is filled with looming expectations of flower deliveries (or the lack thereof), candy and singing telegrams, office parties, the longer-than-usual lunch hour, unplanned sick days, requests to leave work early, and general disappointment of those employees who can be described as "romance challenged".

Some employers may even be faced with more complex workplace challenges. That is, the duty to manage office romances which are highlighted by Valentine's Day festivities and/or the unwelcome romantic gestures and advances of one employee to another. While workplace romances are not necessarily a Valentine's Day problem, the problems inherent to the same can be highlighted on this day. So in honor of Cupid's holiday, we've highlighted a few facts which should serve as a refresher for what you may find yourself considering on Valentine's Day.

Generally, "unlawful harassment" resulting in a hostile work environment means that an employee has been (1) subjected to intentional and unwelcome conduct of a sex-based or sexually motivated nature- (2) a reasonable person standing in the employee's shoes would have also found the conduct complained of to be sufficiently severe or pervasive to alter the conditions of the person's employment and to create a hostile or abusive working environment- (3) the employee complaining of the conduct found the harassing conduct sufficiently severe or pervasive to alter the conditions of his/her employment- and (4) the conduct complained of has resulted in adverse employment action or damages. Valentine's Day may provide some "harassers" with perceived free license to initiate or rev up an ongoing campaign to send unwelcome electronic communications, make sexual advances, or accelerate conduct that can be viewed as demeaning and inappropriate to another.

Employers are encouraged to implement or consider existing policies on the following.

Anti-Harassment Policies. Having policies that spell out in clear and concise terms that an organization has a "zero tolerance" for any harassment, whether it is sexual in nature or motivated by ethnicity, gender, age, or creed, is an excellent effort to promote equality and respect in the workplace. Open Door Policies. Encouraging employees to report any concerns that suggest their rights or those of another are being treaded upon by implementing an "Open Door" policy that enables complaints to be reported to any member of management who an employee feels comfortable with does a progressive organization well. Non-Fraternization Policies. Flirting and dating in the workplace happens. And with flirting and dating comes the very real possibility that the road to "happily ever after" may not be realized. For this reason, many employers discourage workplace dating--- especially among supervisors and subordinates. When these policies are actually penned, it makes clear to all what the organization's stance is on dating. Alternatively, some workplaces find that presenting employees who have become romantically linked with one another with a "Love Contract" which requires each party to acknowledge the consensual nature of their relationship and assume the risks of the same by signing the agreement. Electronic Communication Policies. If you haven't already, create an Electronics Communication policy which notifies employees computers, handhelds, cell phones, and laptops provided for work purposes are not to be used to communicate offensive, lewd, and other comments of a sexual or otherwise "off-color" nature. Employees should be assured that violations of this policy will lead to discipline, including up to termination. Alcohol/Drug Policies. Make sure your alcohol and drug policies put employees on notice that abusing at lunch or at work-sponsored events, as well as at any other time during the workday will result in disciplinary action. This effort should prevent the lunch hour or office party "lapses in judgment". Violence & Horse Play Policies. Finally, all employees should be aware that violence, or the threat thereof, is prohibited and will lead to harsh disciplinary action, including and up to termination and possibly criminal prosecution. Moreover, horse play should be equally discouraged and targeted for disciplinary action to avoid "mock" physical confrontations.