When people are accused of sexual harassment or misconduct in the workplace, they sometimes claim that they were joking. They may try to say that the victim just did not get the joke or does not have a sense of humor. They may claim that their comments or actions are being taken out of context.
As common as this line of reasoning is, it is important to note that even a joke can still qualify as sexual harassment. There are two key details to consider when approaching this type of case.
It may just be an excuse
First and foremost, the person may not have been joking, but may be using that as an excuse because they did not get the response they were looking for.
For instance, maybe they made comments about you or suggested that the two of you should have a sexual relationship. You found this offensive and reported them for sexual harassment. Even though they were serious when they made those comments, they may pretend they were joking because they think that it can get them out of the allegations.
The joke still creates a hostile work environment
Secondly, even if they were authentically making a joke, it could still be inappropriate for the workplace.
For instance, maybe they made assumptions about your sexuality and made a comment that turned you into the brunt of a joke. They may think it is funny, and that may be the type of humor they often engage in when spending time with their friends. But that does not mean it is acceptable in a professional environment, and it can still create a hostile work environment where you feel uncomfortable working with the other individual.
Your legal options
Have you been facing sexual harassment on the job, and are you interested in what steps you can take moving forward? It can often help to work with an experienced attorney as you explore your options.