Can You Still Tell a Joke in the Office?

Jokes in the Office

What about jokes? Can jokes still be told in the office? Yes, but there are a number of topics that are out of bounds.

Discriminatory jokes, jokes about racial issues, gender stereotypes, sexual preference, or any protected class.

Then there are mean-spirited jokes, such as "ugly" jokes. They may not rise to the level of harassment, but its bad judgment to tell them.

If employees forward an inappropriate e-mail joke, that's the equivalent of telling it.

Blonde jokes are inappropriate because they are about women, not hair color, and they tend to demean women. Usually they are not severe or pervasive enough to be illegal. Nevertheless, down the road they could be used as evidence of bias.

Six Critical Messages for Your Supervisors

1. Refrain from engaging in harassment and other inappropriate conduct.

2. Report all complaints of harassment and other inappropriate conduct to Human Resources or a member of management, even if the employee:

• Requests that nothing be done, they are legally obligated to report it.
• Asks for absolute confidentiality, confidentiality cannot be guaranteed. Confidentially will be
to the "degree possible" in the course of an investigation.
• The employee does not use legal buzz words to describe the harassment, i.e. (discrimination.)

3. Respond proactively to harassment and other inappropriate conduct, even if there is no complaint.

• Remember that silence equals tacit support.
• Consult with an HR professional to discuss remedial action.

4. Put an immediate stop to harassment and other inappropriate conduct.

5. Refrain from unlawful retaliation. This is broadly defined, and might include:

•Tangible adverse employment actions
•Other actions affecting material terms and conditions of employment
•Actions independent of employment

6. Respect. Treat your employees respectfully and you'll likely avoid problems.

Paraphrased from: HR Daily Advisor Tip by: Jonathan Segal, a partner in the law firm of Duane Morris LLP in Philadelphia