Personal relationships complicate workplace.

Byline: Bureau of Labor & Industries in The Register-Guard

ON THE JOB

Question: I own and operate a family-style restaurant. We want to maintain a family-friendly atmosphere.

Three months ago, I hired Helen, a new waitress. She does her job well, but it's obvious that she and the manager, Bob, are attracted to each other. I've seen them giggling and touching when they pass each other and one of my employees said he saw them "making out."

This certainly does not fit the family-friendly atmosphere we are trying to create. It also hasn't escaped my notice that Bob seems to be scheduling Helen for some of the more desirable shifts, where she's more likely to get good tips.

Should I be concerned? It seems good for employees to feel positive about their co-workers. Also, I don't want to get involved in anyone's personal life.

Answer: You are right that in general, it's not a good idea to get involved in employees' personal lives. It's also usually not appropriate for an employer to regulate employees' behavior when they are off the clock.

Such intrusions could certainly lower employee morale as well as leave you vulnerable to invasion of privacy claims. But the fact is that their personal lives are now interfering with your business. It is thus not only appropriate - but your duty - to get involved.

Here's why: Bob is a manager, and state and federal laws provide that actions of a manager are generally considered to be the actions of their employer for purposes of liability. Bob may already be scheduling Helen so she can make better tips than other employees. He also may have influence in determining who gets promoted. Any favoritism by Bob toward Helen is unfair to the other employees.

Oregon law provides that there may be employer liability when employment opportunities or benefits are granted because of an individual's submission to an employer's sexual advances, requests for sexual favors, or other sexual harassment, and other individuals were qualified for but denied that opportunity or benefit. OAR 839-005-0030 (9).

In addition, if what appears to you to be a mutual flirtation between Bob and Helen is actually being instigated by Bob, you may be vulnerable to a charge by Helen that she is being sexually harassed by Bob. Finally, whether mutual or not, if the workplace flirtation offends other employees, they may complain of a sexually harassing atmosphere.

You should definitely get legal advice here. Your attorney may suggest that you immediately tell Bob that flirtatious or romantic behavior between employees is not acceptable in your workplace, and discuss your suspicion that he is scheduling Helen for more favorable shifts.

If your business is large enough to place Helen under someone else's supervision, that should be done right away. (However, demoting or terminating either employee, unless their behavior has been egregious, is probably not the best choice as it could lead to a charge of discrimination based on the gender of the affected employee.)

After dealing with the immediate situation, your attorney may advise you to develop written policies and train all your employees to make it clear that you comply with all laws required in workplaces and do not tolerate any discrimination including harassment based on "protected" characteristics such as sex and race. Such a policy may clarify that personal relationships must be conducted away from the workplace.

For more information on this as well as other topics of interest to Oregon employers, visit the Web at www.oregon.gov/boli. The site also includes information about upcoming seminars presented by BOLI's Technical Assistance Unit. Or call [phone] for more information.