Be wary of supervisor, subordinate relationships
Published 05/27/05

Intimate relations between a supervisor and her subordinate, in the workplace can cause a host of problems for the employer.

For example, other workers who also report to that supervisor may believe their co-worker, who is having intimate relations with the supervisor, is getting preferential treatment; whether it be preferable tasks, access to overtime, or other benefits delegated by the discretion of the supervisor.

There is also a possibility that even if the subordinate initially enters into the intimate relationship voluntarily, he may feel coerced to into staying into the relationship because of the control the supervisor has upon him in the workplace.

Also, even a voluntary intimate relationship may sour and the subordinate may make a false claim of sexual harassment alleging he was forced into the relationship by the supervisor in order to keep his job. Such a false claim could also be made to cover up the voluntary nature of an adulterous affair.

Employers frequently create a firm policy prohibiting intimate relations between supervisors and their subordinates. In enforcing such policies, employers must also be conscious of the potential claims by a supervisor from whom corrective action is taken for violation of that policy. Enforcement of such policy must be the same regardless of the gender of the supervisor or the subordinate. The employer should not panic and find any allegation of a violation of the policy to be of merit without a proper investigation.

For supervisors and their subordinates, even if the employer does not have such an anti-fraternization policy, it is extremely imprudent to enter into such a relationship in that both the supervisor and the subordinate have much more to lose than solely a broken heart, they can lose their job and reputation.

J. Daniel Marr is a director and shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and business persons on a variety of legal issues, including employment, and advocating on their behalf. You can reach Attorney Marr by e-mail at: dmarr@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.