It was supposed to be a night of entertainment for concertgoers at a recent Coldplay performance. But for two company executives, the spotlight shone a bit too brightly when a “kiss cam” moment on the jumbotron captured what appeared to be a romantic embrace. The viral clip quickly made its way from the venue to social media feeds—and, inevitably, to the boardroom.
While most of us hope our professional lives don’t become the subject of a Viva La Vida meme, these headline-grabbing incidents can leave employers with serious employment law questions and reputational risks.
In the Spotlight: Navigating Workplace Relationships in the Public Eye
Whether the incident involves a private corporation or a public agency, and a private affair or public relationship, viral moments like these can test the limits of workplace codes of conduct, ethics policies, and crisis management protocols. Here’s how employers can avoid finding themselves in a situation where, suddenly, the glare of unwanted attention is impossible to ignore:
1. Review and Reinforce Codes of Ethics and Morality Clauses
When workplace boundaries blur in the public eye, having a robust code of conduct is essential. Clear, well-communicated expectations help prevent confusion about what is – and isn’t – acceptable, both inside and outside the office.
- Clear Policies: Ensure your code of conduct and any morality clauses are up-to-date, clear, and communicated to all employees. These should address not only workplace relationships but also how off-duty conduct can impact the organization.
- Consistent Application: Apply policies consistently, regardless of the employee’s rank. Executives should be held to the same (if not higher) standards as other employees.
2. Conduct Prompt and Impartial Investigations
Viral moments can spark speculation and rushes to judgment. A measured, impartial investigation ensures that facts – not rumors – guide your response, protecting both the organization and the individuals involved.
- Fact-Finding First: Before jumping to conclusions, conduct a thorough and impartial investigation. This includes interviewing witnesses, reviewing video evidence, and giving all parties a chance to explain.
- Confidentiality: Maintain confidentiality to the extent possible, both to protect those involved and to preserve the integrity of the process.
3. Consider Separation Terms and Succession Planning
Sometimes, high-profile incidents result in leadership changes or departures. Thoughtful separation agreements and a strong succession plan can minimize disruption and maintain stability during uncertain times.
- Separation Agreements: If disciplinary action or separation is warranted, ensure that any agreements are carefully drafted to address confidentiality, non-disparagement, and transition terms.
- Interim Leadership: Have a plan for filling vacant roles on a temporary or permanent basis to ensure business continuity.
4. Handle the Publicity and Reputational Risk
In the age of instant news and social media, managing the narrative is as important as managing the incident itself. Proactive communication – both internally and externally – can help control the message and preserve trust.
- Media Strategy: Work with legal and public relation teams to develop a unified message. Avoid speculation and stick to the facts.
- Internal Messaging: Communicate clearly with employees to prevent rumors and maintain trust.
5. Take Special Consideration in the Public Sector
For government agencies and political offices, the stakes can be even higher. Public officials and employees are often subject to additional ethics rules and heightened scrutiny. Transparency and accountability are paramount, and timely, appropriate action is essential. Whether the nation’s attention is centered around a blue dress or, as in Missouri, assessing the appropriateness of a legislative intern relationship, these instances underscore the importance of swift, transparent responses and can serve as a reminder that even seemingly private moments can have very public consequences.
- Public Records: Remember that certain communications and investigation outcomes may be subject to public records laws, like the federal Freedom of Information Act and Missouri’s Sunshine Law.
- Political Fallout: Be prepared for calls for resignations, legislative inquiries, or other political consequences. This may also include investigations from federal or state ethics boards or committees.
Best Practices for Employers
- Regular Training: Provide regular training on workplace conduct, ethics, and reporting mechanisms at all levels of the company.
- Encourage Reporting: Foster a culture where employees feel comfortable reporting concerns without fear of retaliation through various avenues (for example, through supervisors, hotlines, and third parties).
- Plan Ahead: Have crisis management and succession plans in place before you need them.
Final Thoughts
While we can’t always predict when the next viral “kiss cam” moment will occur, or when the spotlight might turn Yellow, employers can be ready for whatever may come their way in those unexpected places. By proactively reviewing policies, training employees, and preparing for crisis management, organizations can weather the storm—and keep their reputation.
In the spirit of being “lawyer-y,” song titles are italicized herein. For the record, Husch Blackwell, LLP, Courtney, and Kevin, do not claim any ownership to the songs – even though we wish we were creative enough to come up with the lyrics.
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