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Is it just a joke, or is it harassment?

Despite California being home to a diverse population, stereotypes still abound and often surface in people’s conversations, including those that occur in the workplace. Often, they will refer to a stereotype in a lighthearted manner, perhaps giving a little laugh or wink as they say it.

For example, a female employee who is blonde makes a mistake, and a male colleague makes a quip about “dumb blondes.” Maybe an able-bodied worker tells a disabled colleague they’re jealous of them for being able to have a disabled parking placard because it makes it easier to get a parking space.

There are multiple variations on this theme, and more often than not, the person making the comment does not consciously mean any harm. If anyone calls them out for it, they’ll likely say it was just a joke.

However, for the person who is on the receiving end of such comments, these “jokes” can soon get old and even affect their ability to do their job. Do they just need to put up with them, or “growing a thicker skin” as some might suggest, or does the law offer protection from this?

Such comments can be considered harassment

It does not really matter that the person saying such things does not mean any harm. What matters is how it makes the person on the end of those comments or someone who witnesses the interaction feel. Employees have the right to report the behavior to their employer.

This is especially important if such comments persist. There is also the option to report the behavior to the Equal Employment Opportunity Commission (EEOC), which may be necessary if the employer fails to handle the matter. In that case, those facing harassment, even if it’s masquerading as “jokes,” may want help to learn more about their options. Getting legal guidance can help.

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