Humor can be a welcome distraction in the workplace, particularly when impending deadlines, heavy workloads, or conflicts among fellow employees create a stressful environment. However, when it comes to workplace humor, a joke that is meant to be funny can easily cross a line into offensive and even harassing territory.
If you have been on the receiving end of joking comments that you believe are offensive and harassing in nature, you may want to consider filing a harassment claim. An experienced employment lawyer will assist you with the claims process, ensure that your legal rights are protected, and negotiate the best possible settlement outcome.
What Is Considered Harassment in the Workplace?
While certain behavior, like inappropriate touching or racial slurs, obviously qualify as harassment, the line is a bit more blurred when it comes to joking comments. According to the Equal Employment Opportunity Commission (EEOC), harassment is any type of behavior or comment that is based on protected characteristics, including race, color, religion, national origin, age, gender, disability, or genetic information.
Keep in mind that the victim does not need to be the person targeted. It can be anyone who is offended by another person’s behavior or conduct. The following are examples of jokes that may be considered harassment in the workplace:
- Jokes that target another person’s race, gender, religion, sexual orientation, or other protected characteristic
- Jokes or offensive comments about someone’s physical appearance, including sexually explicit comments
- Statements that ridicule or belittle another person because they are a member of a protected class
- Sharing stories that are meant to be funny, but that are insensitive to another person’s characteristics
Ultimately, there is a degree of gray area when it comes to making jokes in the workplace. If you complain about the nature of the joke, the person making the comment can brush it off, claiming that they were only kidding. They may also accuse you of having no sense of humor. When determining whether a joking comment has crossed the line, a general rule of thumb to follow is to consider the content of the joke. If it is not directed at a protected class, it may be in bad taste and offensive, but it will probably not be considered illegal. However, if the joking comments are considered harassment according to the EEOC, you may have a valid complaint.
What Can I Do If I Experience Harassment in the Workplace?
Whether you have been the target of harassment or you have witnessed this type of behavior, there are steps you can take to put an end to the harassing behavior. In some cases, all it takes to resolve the situation is a polite conversation where you ask the coworker to stop making jokes that you find offensive. Oftentimes, once you explain to your coworker why their jokes or comments are offensive, they will stop. However, if the behavior continues, discuss the situation with your manager or a HR professional as soon as possible.
If the issue continues to be a problem, and your manager or human resources is unable to resolve the problem, contact your state’s anti-discrimination agency or the EEOC to pursue a harassment claim. It is also highly recommended that you contact a highly skilled employment lawyer as soon as possible. A dedicated lawyer will help you navigate the claims process and assist you in the following ways:
- File and complete the necessary paperwork.
- Collect evidence to support your claim.
- Protect your legal rights.
- Represent you in court if necessary.
- Negotiate the best possible settlement outcome.
Who Is Liable for Harassment in the Workplace?
If you have experienced harassment by a supervisor or another co-worker, your employer is automatically liable for the harassing behavior if it knew, or should have known about the harassment, and failed to take the necessary action to correct the situation. The employer may avoid liability if they can prove the following:
- They reasonably tried to prevent and promptly correct the harassing behavior.
- The employee reasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
The EEOC will investigate the harassment allegations by looking at the nature of the harassing behavior and the context in which the alleged incident occurred. Once the investigation is complete, they will determine whether the harassment is severe or pervasive enough to be illegal. Decisions are generally made on a case-by-case basis. A dedicated employment lawyer will work closely with you through every step of the complaint process and ensure that your legal rights are protected.
What If I Face Retaliation for Filing a Harassment Claim?
Retaliation is any action taken by an employer against an employee in response to a protected activity. Examples of adverse actions include termination, demotion, reduction in salary, negative performance reviews, denial of promotions, and exclusions from important meetings, to name a few. If you file a harassment claim in good faith, your employer is prohibited from taking retaliatory action against you.
For example, if you are terminated for taking a sick day shortly after reporting the harassment, or you receive a negative performance review, despite a consistently positive employment record, this would be considered retaliation. If your employer has retaliated against you for filing a harassment claim, a dedicated employment lawyer will protect your legal rights and recommend the best legal course of action going forward.
Philadelphia Employment Lawyers at The Gold Law Firm P.C. Seek Justice for Victims of Harassment in the Workplace
If you have been the victim of harassment in the workplace, including offensive or inappropriate joking, do not hesitate to contact the Philadelphia employment lawyers at The Gold Law Firm P.C. To schedule a free consultation, call us today at 215-569-1999 or contact us online. We are located in Philadelphia and Pennsauken, New Jersey.
