Sexual jokes are very common. In some cases, they don’t cause any issues. Employees can make whatever jokes they want on their personal time, when they are at home and with their friends.
But people who often engage in this type of humor may then bring those jokes into the workplace. This is when it can create significant problems. Other employees may find the jokes inappropriate. If they are targeted by those jokes – the jokes are being made at their expense – then it could even be an example of sexual harassment, gender discrimination or the creation of a hostile workplace. All of these things could lead to a significant employment lawsuit.
What should employees do?
The best thing for employees to do is simply to express that they don’t appreciate the jokes or don’t think that they are part of appropriate workplace conduct. In some cases, this may be enough to put a stop to the behavior, eliminating the hostile work environment. In other words, if someone makes one inappropriate joke and stops when asked, an employment lawsuit may not be necessary.
But the problem is that people often push back when told that their behavior is unacceptable. They may even try to blame the victim, such as telling them that they shouldn’t take everything so seriously or that they are just far too sensitive.
In a case like that, an employee may have no choice but to move forward with legal action. The law does protect them from harassment and discrimination on the job, and these jokes could just be one example of how that occurs. Anyone who finds themselves in this position needs to make sure that they are well aware of all the legal options at their disposal.