Workplace affairs involving two co-equals are less legally problematic for employers, said Brightwell, but not completely problem-free.
"It might not be as clear cut and certainly could be harder to prove," Brightwell contended, "but when any relationship goes sour, one party can feel wronged and make a claim (of sexual harassment)."
To pre-empt that, some employers are requesting employees involved in relationships sign a so-called "love contract." The contract would acknowledge the relationship in writing and confirm that it was consensual said Brightwell, who has written several love contracts at the request of employers in the past.
The signing of a love contract was a plot point on "The Office" as well. Jim and Pam wanted to sign a love contract but Toby, the human resources manager who was in love with Pam, told them it wasn't necessary.
At least on "The Office," there was a happy ending. Pam and Jim got married. Over at CBS and on "The Late Show with David Letterman," the fallout is just beginning.