After Astronomer's CEO, CPO caught on a jumbotron, employment lawyer Laurie Jessome says companies need more than vague rules to protect themselves
Failing to disclose a workplace relationship can severely undermine an employer’s ability to respond to harassment or discrimination claims, says Laurie Jessome, chair of the employment and labour group at Cassels.
Without that transparency, trust in leadership can erode and internal investigations can become compromised.
This issue is gaining attention after Astronomer’s Chief People Officer and Chief Executive Officer were caught on a kiss cam at a Coldplay concert — exposing an affair that apparently hadn’t been disclosed. The incident has sparked renewed scrutiny of how companies manage romantic relationships at work — especially those involving senior leadership.
The legal risks tied to workplace relationships are significant, Jessome warns, especially when questions of consent arise. Allegations of harassment, discrimination or even assault are possible outcomes.
But the impact often extends beyond those directly involved. Favouritism, real or perceived, can lead to complaints from colleagues who feel sidelined or claim the work environment has become toxic as a result, she says.
And without a formal policy, this risk increases, as clarifying expectations gives employers the leverage to respond decisively when needed.
“If you have not properly communicated your expectations to your employees, it’s harder to discipline them when they engage in behaviour that you think is inappropriate,” Jessome explains.
Why policies need to cover more than just romance
Jessome says a good workplace relationship policy must go further than just highlighting a need for disclosure in romantic relationships. She advises using broad language like “close personal relationship” or “relationships outside of work” to capture less obvious but still problematic dynamics, such as roommates or best friends within reporting chains.
Jessome also emphasizes the need for both parties to disclose the relationship, not just one person.
“One thing that may not be immediately obvious is all kinds of different personal relationships can cause these types of conflicts at work, not just romantic or sexual ones,” she says.
Once a relationship is disclosed, employers need the freedom to make structural changes in response.
“Ensure that you retain and clearly state that the employer has the discretion to make changes to reporting relationships, to duties, to responsibilities in order to mitigate against the potential conflict of interest,” Jessome says.
Banning workplace relationships, however, is not an option for employers, as in certain circumstances, this could violate human rights legislation which prohibits discrimination on the basis of your marital status, she says.
Consistency, communication and credibility key to effective policy
When it comes to establishing these policies, what really matters is consistency in enforcement. Personal bias, especially about what’s deemed “appropriate” in someone else’s relationship, should have no bearing on policy application, says Jessome.
“Make sure that you react in the same way and with the same procedure, no matter what type of relationship you’re being asked to evaluate."
And that policy can’t just live on a forgotten intranet page; employees need to be made aware that it exists, she says.
“Policies that sit in a clickable link and aren’t brought to the employees’ attention don’t do a lot of work for you when you need them."
This is the key to creating a safe space for disclosure – the key to managing liability. Without it, leadership may be blindsided by allegations, unable to act quickly or credibly.
“If nobody discloses and then there is an allegation of harassment, discrimination or a poisoned workplace, your ability to put faith, confidence and trust in that manager and accept what they’re telling you about that relationship is compromised,” says Jessome.
Handling fallout and protecting culture of trust
In high-level breaches, the first step for HR and legal is often to remove themselves from the investigation.
“The idea that they are going to be able to act in an impartial and neutral way and provide a credible, neutral assessment, is tough,” she says. “Most often, the employer [will] retain an independent investigator to review the allegations.”
But in any relationship, the problem becomes more severe when there’s incentive to lie, for example when parties are in committed relationships outside of work.
“You can’t ignore credible or repeated indications that there might be something inappropriate happening, but you want to be cautious about acting on every piece of gossip,” Jessome says. “Once that trust has been broken, particularly for people who are in a management role, it becomes really, really difficult to rebuild that relationship.”
For HR leaders revisiting their policies, Jessome urges employers to ensure that disclosures “are handled in a way that’s discrete,” as mishandling the process can deter others from coming forward. She also encourages employers to treat relationship policies as part of a broader cultural strategy.
“Favouritism and unequal distribution of opportunity and resources and recognition can be so poisonous,” she says. “How you manage workplace relationships should really just be one part of how you model a transparent, merit-based decision-making process.”
