While romantic relationships between employees are widely accepted, they are fraught with legal risks for employers. Chief among these risks are claims of sexual harassment. Statistics released by the Equal Employment Opportunity Commission (EEOC) show that sexual harassment continues to be a significant problem in the workplace. The EEOC reports that in FY 2022 they received 6,201 sexual harassment charges and recovered damages totaling $59 million for aggrieved employees. This amount only includes cases that were settled with the EEOC and does not reflect monetary benefits obtained through litigation or through a Fair Employment Practice Agency. Failure to proactively address sexual harassment in the workplace can result not only in costly litigation for an employer, but also in:

In addition to sexual harassment claims, workplace romance gone awry can lead to retaliation claims and, in worst-case scenarios, workplace violence. Other legal risks related to employee romantic relationships include sexual favoritism claims by third parties or participants. Even happy workplace romances can lead to disruption in the workplace and create conflicts of interest and other ethical problems. Employers can substantially limit sexual harassment liability and other risks associated with workplace romance by taking several precautions, including:

The Sexual Harassment Toolkit provides a number of resources to help employers minimize the risk of workplace sexual harassment and defend against sexual harassment claims.