Question

If two employees in a large restaurant company tell offensive jokes to each other in the workplace which of the following is true:

a) the joke telling employees will not be held accountable if they did not mean to offend anyone since intent to harm is one of the key elements of the claim.
b) private conversations are just that....private.
c) employees who overhear the jokes may have a claim against their employer for a hostile work environment.
d) since the offending employees did not touch anyone, they will not be legally liable.

Answer 1

The correct answer is c) employees who overhear the jokes may have a claim against their employer for a hostile work environment.

Step-by-step explanation:

The correct answer is c) employees who overhear the jokes may have a claim against their employer for a hostile work environment. While intent to harm is one element of a hostile work environment claim, it is not the sole requirement. In this case, the offensive jokes may create a hostile or offensive work environment for other employees who overhear them, even if the joking employees did not intend to offend anyone.

Employers have a responsibility to provide a safe and non-discriminatory workplace for all employees, and this includes preventing and addressing harassment and creating a hostile work environment. If other employees are affected by the offensive jokes and find the environment hostile or offensive, they may have a valid claim against the employer.