Policies that ban coworkers from fraternizing may face legal challenges.
You have the right to pursue a consensual relationship with whomever you choose and to keep the fact of that relationship private from others. Courts, however, have held that employees engaged in relationships with their supervisors or subordinates have a reduced expectation of privacy because they present issues of potential sexual harassment and may create the appearance of favoritism (Barbee, at 113 Cal. Privacy torts still protect employees in the private sector, but they are not likely to be implicated by an anti-fraternization policy if it is properly focused on workplace behaviors and impacts." Next, if your employer tries to justify a fraternization policy by claiming that it needs to prevent sexual harassment between coworkers, it may face an uphill battle.In one landmark case, Guardsmark LLC, a nationwide company that provided security guards banned its employees from fraternizing on or off-duty, dating or becoming overly friendly with coworkers or the company's clients. The National Labor Relations Board sided with Guardsmark, noting that Guardsmark employees understood the non-fraternization policy was intended to prohibit interpersonal relationships that could compromise a security guard's judgment and not protected labor activity.The District of Columbia Court of Appeals disagreed.Have you provided proprietary company financial information to him?Although the NLRA allows employees to discuss pay, if you were indiscrete with other information, your employer could potentially discipline you for a lack of judgement.
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