Can we ask employees about their relationships? 05-08-2008

Can a public sector employer question an employee about their association with another employee? Both employees are married outside of work however share a mutual friendship as couples. The professional relationship of the employees is not supervisory (very similar to dispatcher and policeman relationship). But the employees involved keep being pulled aside and questioned discreetly about not being in each other's presence too often (how that association/friendship appears to offend other employees.) No specific behaviors have been cited in the complaint (nothing unethical or "un-PC" has happened), however general complaints seem to be reported to the head of the department that trickles down to the front line supervisors. The employee is starting to feel harassed and cornered. One employee is a union member--the other is not. As an aside, the likely complaints originate from a relative of a department head in the same division and the other from an employee that is currently living with another employee (after dating other employees).

Rita Risser Replies:

Short answer, I don't know. You would need to look at the Union contract, any civil service rules, local ordinances, and Ohio state law on privacy. Generally speaking, employees have a right to privacy, but only if the private conduct does not impact work. Management does have a legitimate reason to inquire about a relationship if it is impacting work. My suggestion is that the two friends should stop hanging out with each other at work. If they do not see each other ever at work, and when they do it is strictly professional, no chit chat, that should stop the gossip.

Good luck.

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