When Workplace Romance Turns Into Workplace Harassment: What California Employees Should Know

Workplace relationships happen more often than many people expect. Long hours, shared projects and frequent interactions with coworkers can lead to personal connections over time. According to SHRM’s most recent 2026 research, nearly half (47%) of employees say they have been involved in a workplace romance at some point in their careers, up from 33% in 2024 and 27% before the pandemic.

According to a Forbes Advisor survey of 2,000 employed Americans, 65% of respondents identified ‘comfortability’ as a primary driving force behind workplace romances — making it the top-cited factor, ahead of lack of time to meet others outside work (61%) and shared workplace experience (59%).

While most workplace relationships are consensual and uneventful, issues can arise when professional boundaries get blurred. Even relationships that start voluntarily can create pressure, perceptions of favoritism or tension among coworkers. In some cases, the behavior can cross the line into harassment under California law. Recognizing the signs of unlawful treatment can be difficult to spot. If you are unsure about an incident that happened at work, contact Erlich Law Firm today to discover your options. 

How Do Workplace Romances Affect Coworkers?

Workplace romances often start quietly, but even consensual relationships can change the office environment. According to a Forbes Advisor survey, approximately 50% of employees who work under anti-romance policies reported that those policies did not stop them from flirting with colleagues. Separately, a SHRM survey found that 40% of U.S. workers say they have flirted with someone from their workplace.

Once a relationship becomes known in the workplace, it can affect how colleagues interact. More than half of survey respondents said coworkers treated them differently, and nearly 60 percent reported hearing gossip about those involved. Some employers explicitly prohibit workplace romances. Failing to follow these policies can lead to human resources issues or disciplinary action, even when the relationship is consensual.

Power Imbalances and Legal Risks

When coworkers are on equal footing and treat each other respectfully, workplace romances usually don’t cause major issues. However, problems can arise when there’s a power difference, such as when a manager dates an employee. Even when both people see the relationship as voluntary, a difference in authority can create professional and legal challenges.

The California Fair Employment and Housing Act (FEHA) protects workers from sexual harassment, including situations where a supervisor links promotions, pay, schedule changes or positive performance reviews to romantic or sexual relations. This type of harassment, called quid pro quo, can make workers fearful that refusing advances could harm their career. California law makes it clear that workers should never have to choose between protecting their job and rejecting a supervisor’s advances, even if the pressure feels subtle.

Breakups and Retaliation

Workplace romances can also create challenges when a relationship ends. The Forbes survey found that employees involved in workplace relationships reported a 17 percent rise in fear of a breakup due to concerns about professional consequences.

If one partner has authority over the other, breakups can lead to retaliation, including unfavorable schedules, exclusion from projects, negative performance reviews or even termination. FEHA prohibits retaliation against employees who reject advances or report harassment. Even among equals, unwanted contact after a breakup can create a hostile work environment if one person has clearly ended the relationship.

When Does Flirtation Become Harassment?

Not all workplace flirting is unlawful. Casual conversations or mutual interest are generally fine when both coworkers are comfortable. Problems crop up when the behavior is unwelcome, persistent or crosses workplace boundaries. For example, repeated advances after someone has said no, sexually suggestive comments, inappropriate messages or physical contact can all contribute to a hostile work environment.

California law recognizes that harassment doesn’t have to come from a supervisor to be unlawful. Coworkers, clients or even vendors can create a hostile environment if their conduct is severe or pervasive enough to interfere with a worker’s ability to do their job. Once an employer is aware of harassment or it’s been reported to human resources, they have a legal duty to take reasonable steps to address the behavior.

Protecting Yourself in the Workplace

Not all workplace relationships lead to conflict. The Forbes survey found that 43 percent of people who date a coworker eventually marry them. However, it’s important for employees to know their rights if a relationship results in retaliation or sexual harassment.

Documenting incidents, reporting concerns through the proper workplace channels and understanding your legal options are important steps for protecting yourself. If you have experienced workplace harassment or retaliation, contact our team of Oakland employment lawyers at Erlich Law Firm to learn more. Schedule a free initial consultation today!