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To avoid such potential legal woes, employers seeking to adopt these policies must ensure their policies are: (1) carefully crafted, and (2) consistently enforced.Following these two steps will greatly reduce an employer’s risk of running afoul of either the NLRA or federal discrimination statutes.
As an added safeguard, employers may want to include language to the policies explicitly excepting Section 7 protected activity from the policy.
Since the word “fraternize” may be understood to mean “associate,” “cooperate,” “join” or “unite,” this overly inclusive language may lead employees to reasonably interpret the policy as prohibiting them from discussing terms and conditions of employment, which is a violation of Section 7. In sum, policies that regulate an employee’s personal conduct should be designed to prohibit only the conduct necessary to achieve the desired goal.
If the employer seeks to prevent romantic relationships among supervisors and employees, the policy should state just that, and nothing more.
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Many employers seek to regulate various aspects of employees’ personal conduct, such as restricting romantic relationships and limiting what employees may say through social media--and with good reason: Romantic relationships among employees may lead to accusations of workplace unfairness when implementing disciplinary measures or awarding privileges, or perceived favoritism regarding assignment of job responsibilities or promotion decisions; particularly when one of the involved employees supervises the other.
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