When are Jokes Harassment
We all need humour. Laughter lightens our day, makes us smile, enables us to take the pressure a little less seriously. When everything in the workplace isn't exactly rosy, we need to remember that there is still fun and frivolity to be found if we'll take a sideways look at the world.
We need jokes, witticisms, satire.
What's wrong with sharing a bit of banter with your mates to get you through the day?
The problem with humour
The problem with jokes, witticisms and satire is that the vast majority of them are at someone's expense: from the clown slipping on the banana skin to the subtleties of Dickens' Mr Gradgrind via every stand-up and sketch-show on the planet, someone has to be the butt of the joke.
The Germans have a word for it: Schadenfreude. The joy at others' misfortune. Although in English (and probably also in German) that word has a negative connotation, meaning a genuine joy at someone's heartfelt hurt, at its root it describes all humour.
Many also play upon stereotypes: the Jewish mother, the Arab terrorist, the Irish Navvy, the retired English colonel, the Essex girl, the frugal Scot, the stupid peasant(nationality optional), the greedy banker, the Bishop and the Actress, the religious (name your faith, they all cop it), … the list goes on.
The problem with stereotypes is that we all fall into one or more of them (accountants, lawyers, doctors, builders, white-van-drivers, pigmen, fishermen, downtrodden wives, feisty career girls, patriots, peaceniks, teachers, students, cops, robbers). The other problem is that there would be no such thing as a "stereotype" if the type-casting weren't, to some degree, true.
And the problem with that is: sooner or later the person hearing the joke will be the butt of it. And they might take offense.
But is it harassment?
So you don't like your colleagues' sense of humour. In fact you find the sexist / racist / regionalist / anti-disability / homophobic / (whatever) tone of some of their so-called hilarity downright offensive. This might be because you fall into the "butt" category, but might equally be because the tone & content is either extreme or continuous or simply offends what you consider to be generally accepted standards of respect due to people in the workplace. Do you have to put up with this?
The simple answer is: No, you don't.
Any workplace worth its salt will have a mechanism for dealing with disrespectful behaviour. You won't necessarily have to prove that it constitutes harassment, simply that the humour goes against the grain of the company's policies on respect or its cultural values on diversity.
But say you don't work for an enlightened company – what if proof of harassment is your only way to make it stop? Do you have a case? After all, they're only telling jokes. They're not even aiming them at you, you just happen to be in the eavesdrop zone of a private conversation.
In the UK the law gives a quite definite answer. The Equality Act 2010 says Person A harasses Person B if A engages in unwanted conduct related to a relevant protected characteristic, and the conduct has the purpose or effect of violating B’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
A also harasses B if A engages in unwanted conduct of a sexual nature, and the conduct has the purpose or effect of of violating B’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B
A also harasses B if A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex, the conduct has the purpose or effect referred to above and because of B’s rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.
The characteristics referred to are: age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation.
If the jokes told are based on any of these characteristics (and let's face it, many are) and are intended to "get" at an individual then this is harassment. Interestingly, the person concerned does not even have to be present. It could, for example, be their line manager that hears the jokes, or their peers. If the joke has the purpose of diminishing their dignity, they are being harassed.
What if offense isn't intentional? Most of us share our "untoward" appreciation of life's absurdity selectively. We try to moderate our tone where we feel it might cause offense. There are jokes I certainly wouldn't tell my grandmother. There are others I'd be wary of sharing at the office, no matter how funny I might have found them. Are we at risk of "harassing" a colleague by inadvertently having a laugh with a mate?
You might have to be careful.
Still with the Equality Act "In deciding whether conduct has the effect" of any of the results mentioned (without any intention attached) the following will be taken into account: the perception of B (i.e. if B actually finds it funny and isn't bothered, that might be ok), the other circumstances of the case (perhaps C does find it offensive, perhaps no matter what B thinks others treat him/her differently as a result) and whether it is reasonable for the conduct to have that effect (B might take offense, but that doesn't necessarily mean that their personal dignity is violated or that an intimidating, hostile, degrading, humiliating or offensive environment has been created – a one-off misjudgement might be different to persistent blatant disregard).
There's nothing wrong with having a laugh at the office – just be a bit careful about your subject matter. Even making a joke against yourself could be tricky if those listening don't share your sense of humour about your personal characteristics and foibles.
