In addition, any policy that prohibits co-worker dating should have an exception for employees who are married to one another.
The difficulty for the employer is proving that the relationship was consensual.
The agreement also confirms and documents that the relationship is consensual and voluntary.
The employer should attach a copy of the company's sexual harassment policy to the agreement to prove that the employee was aware of the sexual harassment policy and had the opportunity to report any inappropriate conduct by the other employee.
For example, employees often go to lunch together, may go out for a happy hour drink, or may attend a BBQ or picnic with one another.
The policy should define if and when these activities are to be considered "dating." Public & "Just Cause" Employers: A governmental entity or a company with a "just cause" termination policy must approach no dating policies with great care.