Pryor Cashman counsel LaKeisha Caton sat for a conversation with SHRM, the Society for Human Resource Management, to discuss the point at which an office prank crosses the line and would be considered harassment. Human Resources Management across all industries should take steps to keep jokes in line. According to SHRM:
"Pranks that are not at all related to a protected class are unlikely to be considered unlawful harassment," said LaKeisha Caton, an attorney with Pryor Cashman in New York City. "However, pranks that single out employees based on a protected category or a characteristic that relates to a protected category, like hair texture, are likely to be considered unlawful harassment and have no place at work."
She said examples of office pranks that might be considered harassment include:
- Buying a co-worker lunch with pork when the employee requested chicken, knowing that the employee's religion restricts them from eating pork.
- Giving an employee a walker on the colleague's 60th birthday.
- Leaving a milk carton that reads, "got milk?" on a nursing mother's desk.
"These pranks are likely deemed unlawful harassment because they center around an employee's protected class or a trait that relates to a protected class," Caton said. In these examples, the protected characteristics or traits would be religion; age; and lactation, which is a sex-based trait.
The below-linked article describes low-risk pranks, unlawful pranks, and tips for managers and Human Resources.
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