As the cold grasp of winter is finally upon us, we look forward to the winter holidays to warm our hearts. Next week we will celebrate Valentine’s Day. In the United States the holiday has come to symbolize romance, although perhaps to some, romance is less important than cards, flowers, and chocolates.
Being of the romantic sort of staff judge advocate, at this time of year my mind immediately turns to relationships: those that are improper or prohibited by law or regulation. (Come on – did you really think I was going to go all warm and romantic on you?)
For military personnel, the rules are clear. Military tradition, as captured by Army Regulation 600-20, prohibits fraternization. This can be defined as socializing as equals despite rank disparities. Personal relationships between officers and enlisted members are strictly prohibited. Relationships between noncommissioned officers and junior enlisted Soldiers are also prohibited. Also prohibited are any relationships that may cause the appearance of impropriety. A good example of this would be two NCOs of different grades (i.e., a staff sergeant and a sergeant first class) in the same chain of command. The danger of these relationships is created by the appearance of favoritism and potential impact upon discipline, authority, morale, or the ability of the command to accomplish its mission. You cannot just take it out of the workplace, as these prohibitions apply 24/7.
But, you ask, what about the civilian workforce? As you might expect, the rules here are not quite so clear, but the basic principles are the same. Relationships that are unprofessional or which create the appearance of favoritism are improper. Relationships are unprofessional, whether pursued on or off duty, when they detract from the authority of superiors or result in, or reasonably create the appearance of, favoritism, misuse of office or position, or the abandonment of organizational goals for personal interests. Dating your boss or those you supervise is never a good idea. Civilian employees have the right to engage in lawful behavior outside of the workplace, but if their conduct affects the work environment it is improper. If these relationships affect the work environment, via actual impact or appearance, management has the responsibility to take appropriate remedial action.
What about relationships between military and civilian employees? Fraternization does not apply, but the basic rules remain the same. If these relationships have an effect on the ability of the organization to accomplish the mission, they are improper.
Remember, the focus of all of these rules is to prevent interpersonal relationships from interfering with the efficient operation of the workplace. So make sure next week to spend time with those you love. Wish your friends and coworkers a happy Valentine’s Day. If you wish, pass out candy and greetings to everyone. But remember, whether you are civilian or military, don’t let your heart get too warmed in the workplace.

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