Is a Sexual Joke a Type of Harassment?
Under the New Jersey Law Against Discrimination (LAD), employees at employers of any size in the state are protected for sexual harassment in the workplace. Hostile work environment sexual harassment is conduct that is so severe or pervasive that it would interfere with an ordinary worker’s ability to do his or her job. A joke (or series of jokes) could potentially constitute sexual harassment. Here, our Monmouth County sexual harassment attorney provides a more comprehensive overview of how the law in New Jersey handles “jokes” and sexual harassment.
A Joke Can Constitute Workplace Sexual Harassment in New Jersey
A “joke” can constitute workplace sexual harassment, but the specific circumstances always matter. Still, it is important to emphasize that a sexual joke can support a hostile work environment claim when the conduct occurred “because of” the employee’s sex. Under New Jersey’s LAD, an employee generally must establish that the complained-of conduct would not have occurred but for his or her membership in a protected class.
That means that explicit comments about an employee’s body, sexual activity, sexual availability, gender stereotypes, or sex-specific characteristics may satisfy that requirement. The joke does not necessarily need to contain a direct request for sexual contact. Nor must it be communicated privately or addressed exclusively to the employee. Sexually charged jokes made in group conversations, electronic messages, meetings, or shared workplace spaces may all potentially contribute to a hostile work environment.
Know the Standard for Sexual Harassment: Severe or Pervasive
Not every inappropriate joke creates an actionable LAD claim. Under Lehmann v. Toys ‘R’ Us, Inc., the conduct must be sufficiently severe or pervasive to make a reasonable person in the plaintiff’s protected class believe that the conditions of employment were altered and the working environment became hostile or abusive. What does that mean for your case?
- Severe: Exceptionally severe conduct may be actionable even when it occurs once.
- Pervasive: Less extreme jokes may become actionable through repetition.
Calling the Conduct a “Joke” is Not an Automatic Defense Against Liability
Whether or not a comment was a “joke” is not, by itself, a defense against a workplace sexual harassment claim. Indeed, in New Jersey, liability under the LAD cannot be avoided simply by asserting that the comment was humorous, harmless, or not intended to offend. The analysis focuses primarily on the conduct’s effect and how a reasonable person in the plaintiff’s position would perceive the work environment. A workplace culture in which employees frequently exchange crude comments does not automatically make sex-based harassment lawful.
Contact Our Monmouth County Workplace Sexual Harassment Lawyer Today
At Poulos LoPiccolo PC, our New Jersey employment law attorney is a compassionate advocate for justice. If you have any questions about jokes in the workplace and sexual harassment, we are more than ready to help. Please do not hesitate to contact us today to set up a strictly confidential consultation. Our firm handles workplace sexual harassment claims statewide in New Jersey.
Source:
njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/njlad/
