Anti-Fraternization Policies Globally and the Impact of #MeToo

Although drafting and implementing uniform global policies in each country where multinational companies conduct business likely is preferable from an administrative perspective, such policies are not always lawful or culturally sensitive across jurisdictions. Indeed, such uniformity can be problematic, and company policies often should be localized. This requires analyzing the local requirements in each country to determine if any changes can be made to accommodate local law without compromising the purpose and integrity of the policy.

The Global vs. Local Debate

Anti-fraternization and workplace romance policies illustrate this global versus local tension because these policies can be culturally abnormal in some countries, even where there is no law being offended, such as the United Kingdom. In addition, favoritism is a significant risk when multinational companies implement and enforce anti-fraternization and workplace romance policies globally. This is especially relevant in the context of “management-subordinate relationships.” Romantic relationships between management and non-management employees have the potential not only to create the appearance of favoritism and employee dissension, but also to increase the risk of potential claims of sexual harassment. To protect against these possible pitfalls, multinational companies may want to adopt an anti-fraternization or workplace romance policy that disallows supervisors from having a reasonable expectation of privacy when pursuing intimate relationships with subordinates.