More on Joking in the Workplace
This morning, I posted “Nothing Left to Joke About,” ruing the lengths to which some have gone to make any kind of joke inappropriate. As noted in that post and many other posts on this blog, there are, of course, things that shouldn’t be joked about because they constitute unlawful discrimination and harassment. A lawsuit just filed by a former female black employee against NASCAR provides something to hold up against my earlier post for clarification. (Click here, here, and here for more about this lawsuit.)
According to the former NASCAR employee, she was routinely called a ”Nappy Headed Mo” and “Queen Sheba.” She was said to work on “colored people time.” One official often referred to the Ku Klux Klan when he was around her. She was forced to work outside more than white employees because her supervisors believed blacks didn’t sunburn. She was told to duck down in the backseat of a NASCAR vehicle because the driver didn’t want race fans to see a black woman in his car. While packing up in a dark garage, she was told to “keep smiling and pop your eyes out ’cause we can’t see you.” When sexual advances made toward her were ignored, she was accused of being gay. One male supervisor offered her rubies and diamonds (which he showed her) if she would be his mistress. Two male co-workers exposed themselves to her. That’s not a complete litany of her claims, but you get the idea.
I have no idea whether there’s any truth to the employee’s claims. NASCAR denies them. The point is that the kinds of things she alleges are clearly inappropriate and unlawful. I don’t doubt that some people would find them funny. (Don Imus comes to mind.) It’s a big problem, thought, if those people work for you. As a human resources professional, it’s your job to make sure your employees understand this kind of stuff isn’t funny and won’t be tolerated.
In my opinion, however, this kind of stuff is a far cry from the joke that was the subject of “Nothing Left to Joke About.”
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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This is by far one of my favorite HR topics and stands right up there w/ rude emails that are just down right rude.
While I have never been the victim of harassment I have indeed been a victim of rude statements that where followed w/ “I was just kidding.” That was many years ago and at the time I did not know how to define it.
In Europe they prohibit ‘verbal abuse’ and ‘bullying’ and yet in America this type of language and aggressive dominant behavior continues. Maybe the word prohibit is not correct but there are whole studies in Europe dedicated to preventing and holding those accountable for this type of bullying.
As an HR professional how does one help those that could potentially be bullied from others and ‘write up’ someone for ‘joking’. It is such a gray area…and its word for word, tat for tat.
Any advice?
Thanks for weighing in.
There are a number of so-called bullying laws being considered by various state legislatures in the states. I’m not a fan of these proposals, because, as you said, it’s a gray area. It’s too hard to define, in my opinion, so there would be all kinds of frivilous litigation.
If a person is being bullied because he/she is in a protected class, then there is a legal claim for unlawful harassment. Even if that’s not the case, it’s appropriate for HR or to counsel an employee or write him/her up for engaging in conduct that’s offensive to another employee.
A primary emphasis in any workplace should be that employees need to treat each other with respect. Bullies aren’t capable of doing that and should be shown the door.
Hi, I needed to know how long does a sexual discrimination/retaliation worker comp claim stay om my employment record if it is on there ?
I started to file a suit with EEOC and did not pursue it, but went on 1 week stress leave and resigned instead of returning to work. I have been out of work and jobsearching fulltime for a long period of time and I am wondering if this is affecting my being considered for employment and can I have it taken off or time limit it stays on record? Thank you Theresa
It’s really up to the employer as to how long something like this stays in the file. However, your former employer and any prospective amployer shouldn’t be using or taking these matters into account in connection with a job for which you’re applying.