Yes, even if someone says they were just joking, comments they made in the workplace can still constitute sexual harassment.
In fact, claiming that “it was just a joke” is one of the most common excuses given when sexual harassment allegations are raised. The person says that their comment was just misinterpreted, that they did not mean anything by it and that they just thought they were being funny. They may even try to turn things around on the victim, claiming that they just did not get the joke or do not have a sense of humor.
2 major issues
The first reason that claiming something was a joke does not override sexual harassment allegations is that jokes themselves can be a form of harassment. Even if someone did think they were just being funny, their comments may still have been highly inappropriate for a workplace environment. They have still crossed the line if they have made comments about someone’s sexuality or body type, for instance. It does not matter if they thought it was humorous or if they were being serious.
Additionally, these types of crude jokes can often contribute to a hostile work environment. A female employee may not feel comfortable at work if all of the male employees around her are constantly telling crude jokes, especially if they are at her expense. Even if all the other people involved think that the banter is funny, that does not mean it is appropriate for the workplace. They have to think about how it affects the people around them.
If you believe you have been experiencing sexual harassment on the job, it is important for you to understand your rights as an employee and the legal steps you can take.
