Workplace romance and sexual favoritism in the #MeToo workplace: legal and practical considerations for management

The advent of the #MeToo movement has brought forth increased national and global attention to sexual assault, abuse, misconduct, discrimination and harassment in the workplace, especially by prominent executives against subordinate female employees. Accordingly, in this article, we are thoroughly analyzing one aspect of office romance and sexual conduct in the workplace, mainly sexual favoritism in the era of the #MeToo movement.

This is a legal and case-based human resource policies paper. It reviews actual workplace romance cases, policies and court-based decisions to create practical recommendations that can be used by managers, entrepreneurs and corporations for their organizations. One delimitation of this paper is the fact that it focuses on the US context. Another is that, while organizational behavior researchers have empirically studied various workplace romance policies and practices, the paper is a case-by-case analysis of sexual favoritism. “Specifically, the legal research for this article was conducted on the law database, Nexis Uni Legal, in the Cases (both federal and state) and Law Reviews and Journals sub-databases, using the direct key words in quotations “workplace romance,” “office romance,” “sexual favoritism,” and/or “paramour preference,” as well as the indirect key words “appearance discrimination, “preferring the pretty,” and/or “lookism.” As the authors' intent was to examine the legal and practical consequences emanating from the #MeToo Movement, the authors concentrated their search on cases and law reviews from 2012 to February 2021.

Research shows that about 35–42% of women have experienced some form of sexual harassment or sex discrimination at work. Many of the high-profile sexual cases that generated the #MeToo movement involved powerful executives asserting that their romantic relationships with subordinates in the workplace were “merely” consensual office romance or sexual favoritism. As a result of the #MeToo movement, employers have been compelled to reconsider how they should respond to sexual discrimination, sexual harassment, office romance and sexual favoritism in the workplace. This article offers best practices for policymakers and human resources professionals.

This article's recommendations are limited to workplaces in the US and may not be relevant in other countries as the local laws might vary.

There are policy and behavioral implications for companies, managers and employees regarding workplace romance and sexual favoritism. As such, we provide policy recommendations to human resources department and management on how to provide a healthy work environment for all employees and avoid liability for sexual harassment cases pursuant to Title VII of the Civil Rights Act.

The awareness of policies and laws regulating office romance can help educate managers and employees in local communities as to their rights regarding relationships with coworkers and those who report to them. When people are able to date whomever they desire outside of the workplace, employers can regulate some aspects of sexual relationships in the workplace.

This is an original paper by the authors.