Don’t get stung by pointed words
The Little League in Cincinnati has banned chatter at ball games. No more “swing batter, swing” because we do not want baseball players to feel bad about themselves.
 | ||
Dodge ball, tag, and touch football are being banned in public schools. A young
girl was given detention for hugging two friends goodbye because there is a
prohibition at her school against public displays of affection.
No wonder people hate lawyers. No wonder people are losing respect for the
government. Or have we just gone insane?
Last week, I gave a training session on sexual harassment for a construction
company, and I have to admit it was rather surreal. I was telling these people
how the use of potty words could get them in trouble with the federal and state
government, all the time feeling sheepish that I was being paid to encourage
construction workers to say
“oh darn,” instead of “go f$*& yourself.” It just did not feel rational.
The workplace has become a breeding ground for litigation, and labor lawyers
have been reduced to instructors who must tell employers and employees how to
play a very dangerous game.
Commonsense is no longer a good gauge of what is permissible and what is not. It
used to be that only radio and television stations had to worry about foul
language; now, employers have to worry about it too. Further, language in the
workplace has become a fertile field for lawyers looking to sue.
Seemingly innocent workplace statements can become evidence in a discrimination
or wrongful termination case.
Calling someone “old man” was once a term of endearment; it is now evidence of age discrimination.
Referring to someone as a “nice girl” has become evidence of sex discrimination
Innocent questions about custom or culture, when addressed to the wrong person,
are presented as evidence of racism.
Chris Rock, the African-American comedian, once said that he doesn’t like to tell his white friends that he does, in fact, like fried chicken
because the statement makes them uncomfortable. Only in America.
Getting back to my harassment training seminar. I really was trying to
accomplish three things.
First, I wanted to make sure that my client, if sued, could tell a judge that it
had trained its employees and created a mechanism for investigating and
resolving claims of harassment. If the employee suing them had not complained,
his or her ability to proceed legally would be significantly hampered.
Second, I wanted to make sure employees knew that joking and teasing was no
longer a safe method of relating to other employees. I explained that
employees, under the law, have the right to establish the parameters of speech
in the workplace by telling management that comments of a racial, sexual,
ethnic, or religious nature are not welcome.
Yes, under the law, the conclusion that the words are offensive must be
reasonable, but for the most part, every complaint should be addressed, and if
possible, rectified.
Third, and more important, I wanted to remind employees that the workplace
cannot become a battlefield where employees are pitted against each other over
the use of language.
Tolerance of other people’s personalities is a hallmark of being a good coworker. If you treat people with
dignity and respect, you can talk about culture or joke with less chance of an
harassment complaint. I was pleased to see employees talking cordially to each
other after the training session.
My recommendation to all employers is to spend money on training employees and
supervisors on human resources issues, including harassment.
Eventually, an employee is going to be fired who will remember an otherwise
innocent remark that he or she can blow out of proportion to support a
discrimination charge or wrongful termination suit.
Make sure that former employee doesn’t have a leg to stand on (with no offense, of course, to persons with
disabilities).
