Not every rude comment, snarky remark, or grumpy boss creates a claim for hostile work environment or sexual harassment. The bar for an actionable claim is high.
That said, these claims arise far too often. It doesn’t have to be that way. Employers can take real, proactive steps to minimize claims—frivolous or otherwise.
Below are some common workplace behaviors that can lead to problems. Employers should consider training employees to avoid them.
❤️ 💔 🛑 The “Consensual” Relationship
This one seems obvious, yet many claims start with a consensual workplace relationship that ends badly. One party (often a subordinate) later accuses the other of harassment. The risk skyrockets when the relationship is between a boss and a subordinate.
The training advice here is simple: **”Don’t %$!k your co-workers.😉
🤭 🙃 🤣 “But They Were Just Jokes!”
Actionable harassment requires the behavior to be *unwelcome*. So, if everyone laughs at your offensive joke, it must be okay, right? Wrong.
Co-workers might laugh or play along, but that doesn’t mean they’re okay with the joke. Worse, what happens when someone overhears and doesn’t think it’s funny? Or when the joke is repeated to the wrong person?
By now, this should be as obvious as “don’t date your co-workers,” yet here we are. Employers, train your teams: leave the jokes at home.
😡 Swearing at Co-Workers
Picture this:
– A male co-worker calls a female colleague a “b**ch.”
– A female co-worker calls a male colleague a “d**k.”
– Or a boss yells “F***!” in frustration.
Swearing isn’t nice, but Title VII doesn’t protect against “not nice.” However, words with sexual connotations dramatically increase the risk of a sexual harassment or hostile work environment complaint. Also, juries don’t like people yelling and swearing, it makes for a bad picture.
Basic training can reduce these risks—and the toll these claims take on culture, time, and money.
The Bottom Line
Just because certain behaviors aren’t legally actionable doesn’t mean employers should tolerate them. Ignoring marginal behavior can create the perception that truly inappropriate conduct is acceptable.
Employers: it’s not worth the risk—short-term or long-term. Proactive training and a commitment to a respectful workplace culture go a long way.