We do have a law in New York that protects employees from discrimination because of legal recreational activities outside work hours, NY Labor Law § 201-d(2)(c). So far, this has not worked out well for lovers in our courts – but Don’t Give Up! There’s a new law that has been tested on this in the courts yet.

In one case, both of the employees were fired based on Walmart’s “fraternization” policy, which prohibited a “dating relationship” between a married employee and another employee, other than his or her own spouse. The judge who initially heard the case ruled in favor of the lovers, but unfortunately, Walmart appealed, and won, State v. Wal-mart Stores, 207 A.D.2d 150, (3rd Dept. 1995). Most of the appeals court judges just could not accept that dating was a “recreational activity”.