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SPEAKERS: Patrick H. Flanagan (704) 940-3419 pflanagan@cshlaw Norwood P. Blanchard

SPEAKERS: Patrick H. Flanagan (704) 940-3419 pflanagan@cshlaw.com Norwood P. Blanchard (910) 332-0944 nblanchard@cshlaw.com Ryan D. Bolick (704) 940-3416 rbolick@cshlaw.com. SPEAKERS: Patricia L. Holland (919) 424-8608 Patricia.holland@jacksonlewis.com M. Robin Davis (919) 424-8609

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SPEAKERS: Patrick H. Flanagan (704) 940-3419 pflanagan@cshlaw Norwood P. Blanchard

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  1. SPEAKERS: Patrick H. Flanagan (704) 940-3419 pflanagan@cshlaw.com Norwood P. Blanchard (910) 332-0944 nblanchard@cshlaw.com Ryan D. Bolick (704) 940-3416 rbolick@cshlaw.com SPEAKERS: Patricia L. Holland (919) 424-8608 Patricia.holland@jacksonlewis.com M. Robin Davis (919) 424-8609 Robin.davis@jacksonlewis.com Ann H. Smith (919) 424-8610 Ann.smith@jacksonlewis.com

  2. Crossing the Line:When Co-Worker Romance Turns to Conflict

  3. Nearly 1/3 of all romances begin at work Between 6 and 8 million Americans enter into such relationships every year . . . and about 50% of the time, the result is either a long-term connection or marriage Combining romance and career: a dangerous mix “What’s Harder: Finding Your Dream Job or Your Dream Mate”

  4. Rumors Drain on morale Sensitive issues High emotions Office rumor mill Gossip Problems With Harassment and Employee Dating

  5. Understand what is and is not harassment Creative responses to sensitive issues Employers Can Protect Themselves

  6. Hostile Work Environment Defining Sexual Harassment

  7. Defining Sexual Harassment Frequency of conduct Severity Physically threatening Humiliating or merely offensive Interferes with ability to perform job

  8. Defining Sexual Harassment Title VII does not reach genuine but innocuous differences in the ways men and women routinely interact . . .” (Oncale v. Sundown Services Inc.)

  9. Defining Sexual Harassment “Prohibition of harassment on the basis of sex requires neither asexuality nor androgyny in the workplace.” 9

  10. Employer Liability for Sexual Harassment ? ? ? ? ? ? ? ? Did the employer exercise reasonable care to prevent and correct promptly any sexually harassing behavior? ? ? ? Did the employee unreasonably fail to take advantage of preventive or corrective opportunities? ? ? ? ? ? ? ? ?

  11. Was there a consensual relationship? Has alleged harasser ever sexually harassed anyone else? Using Investigation to Establish Precise Nature of Conduct

  12. The Harassment Was Not Based On Sex Conduct resulted from sexual sparks flying Conduct resulted from resentment of failed relationship

  13. The Conduct Was Not Severe or Pervasive Verbal banter from a soured relationship E-mails Love letters Staring

  14. The Employee Unreasonably Failed to Utilize the Employer’s Complaint Procedures Reasonable Care Unreasonable Employee

  15. Good Faith Defense Punitive damage can be avoided when employers make good faith efforts to comply with Title VII.

  16. Considerations for Good Faith Defense User Friendly Policy Prompt investigation The Company Enforces the Policy

  17. Love Contract Considerations for Good Faith Defense Confronting employees with rumors Love contracts Respond to all dating (customers or other outside sources)

  18. Sexual Favoritism and Sexual Harassment “Title VII does not prohibit isolated instances of preferential treatment based upon consensual romantic relationships.”EEOC Guidelines

  19. Policies limiting employee dating Risk Risk Risk Clearly defined sexual harassment policy Risk Investigate romantic relationships claims early and thoroughly Risk Take responsive action Reducing The Risk Of Sexual Harassment Suits

  20. Include a clear statement that supervisor/subordinate relationships are not allowed If circumstances make it impossible to transfer one of the employees involved in the supervisor/subordinate relationship, appoint an uninvolved supervisor to handle the performance and/or compensation review of the subordinate employee Workplace Romance Policies

  21. Consider whether any existing relationships should be grandfathered in under the new policy Consider the use of Consensual Relationship Agreements or “Love Contracts” Apply the policy consistently to all employees, i.e., to management and staff alike Train supervisors about the provisions of the policy and how to constructively deal with workplace romance issues

  22. Have employees inform the company should the relationship resume Remind employees of the need to report harassment Responding When the Romantic Relationship Resumes 22

  23. Questions?

  24. SPEAKERS: Patrick H. Flanagan (704) 940-3419 pflanagan@cshlaw.com Norwood P. Blanchard (910) 332-0944 nblanchard@cshlaw.com Ryan D. Bolick (704) 940-3416 rbolick@cshlaw.com SPEAKERS: Patricia L. Holland (919) 424-8608 Patricia.holland@jacksonlewis.com M. Robin Davis (919) 424-8609 Robin.davis@jacksonlewis.com Ann H. Smith (919) 424-8610 Ann.smith@jacksonlewis.com

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