Innappropriate joke

[testedmonkey]

California.

Here's the scenario: Company Christmas party, held after-hours, off-site, at a local restaurant. Open bar. As the evening winds down, an admin assistant tells a bad joke involving mexicans. Two hispanic employees are offended. The employee that made the joke is issued a written warning. That employee is now upset that she was written up, says we can't discipline her for something done after-hours.

Who is in the right?

 

[CheeseBlotto]

The employer.

 

[cbg]

Agreed. Whether it was off site and after hours or not, it was a company function and the employer has every right to discipline her for behavior they disapprove of. In fact, if they had chosen to fire her, it would have been legal. She should be grateful they ONLY decided to give her a written warning.

 

[SuzieWahoozie]

I'm sure the employee would think it perfectly okay if one of those Hispanics grabbed her breasts and kissed her without her consent at the Christmas party, right?

If you do something off the job that can make your coworkers feel uncomfortable around you when you get back on the job, the employer can certainly discipline you.

I agree with the others...she's lucky she wasn't fired!

 

[testedmonkey]

Part 2

Okay, well here's the next part of that situation: At that Christmas party, after the joke was told, the CEO then made reference to the joke to one of the Hispanic employees, and not in a favorable manner. That employee demanded an apology on Monday morning. The CEO said, "I wasn't directing the comment to you, I'm really not even sure what I said. In any event, if anything I did or said offended you or hurt your feelings, I apologize. I'm very sorry if anything I said upset you." He said this several times during the course of the conversation.

That employee now has it in her head that she can sue. By my records, the employee who made the original joke has been reprimanded, and the CEO has apologized profusely.

Can the employee now sue, and on what grounds?

 

[cbg]

Anyone can sue for anything. That doesn't mean they have a viable suit.

The employee has no grounds for a lawsuit, and if one is filed, s/he will not win.

 

[Beth3]

I agree. A single instance of an inappropriate joke or remark does not rise to the level of prohibited discrimination. Additionally, the employee who told the joke has been reprimanded and the CEO apologized (sounds like he stuck his foot in his mouth.)

The offended employee has absolutely no basis to sue but she's free to try. I expect she'll have to represent herself unless she's prepared to pay a big retainer to an attorney willing to take a "no case" case. No one's going to take it on contingency - that's for sure.

 

[cbg]

Not to mention the fact that before ANY employee can file a lawsuit on the basis of illegal discrimination, the employee has to file a complaint with the EEOC and/or their state discrimination board and receive a right-to-sue letter.

 

[stevek3]

I agree. A single instance of an inappropriate joke or remark does not rise to the level of prohibited discrimination. Additionally, the employee who told the joke has been reprimanded and the CEO apologized (sounds like he stuck his foot in his mouth.)

The offended employee has absolutely no basis to sue but she's free to try. I expect she'll have to represent herself unless she's prepared to pay a big retainer to an attorney willing to take a "no case" case. No one's going to take it on contingency - that's for sure.

Besides, the punchline of that joke has an excellent underlying point...Mexican food *does* burn like the devil coming out of your ass.

Hey, I'm simply restating the truth. Don't kill the messenger.