Segal's remarks came as part of his "Harassment Quiz" at SHRM's recent Annual Convention and Exposition in New Orleans. Segal is a partner in the Philadelphia office of law firm Duane Morris LLP.

Jokes in the Office

What about jokes? Can jokes still be told in the office? Yes, says Segal, but there are a number to topics that are out of bounds.

On the first level are discriminatory jokes, jokes about racial issues, gender stereotypes, sexual preference, and so on. These jokes are inconsistent with the organization's values and policies.

On the second level are mean-spirited jokes, such as “ugly” jokes. They may not rise to the level of harassment, but it's bad judgment to tell them.

Finally, there are jokes that are OK—like lawyer jokes, he says.

Remind employees that if they forward an inappropriate e-mail joke, that's the equivalent of telling it, Segal says. Should you receive such a joke forwarded from a colleague, you should respond, "This is unacceptable, please call me to discuss."

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Blonde Jokes

Blonde jokes are inappropriate because they are about women, not hair color, and they tend to demean women. Usually they are not severe or pervasive enough to be illegal. Nevertheless, down the road they could be used as evidence of bias.

Six Critical Messages for Your Supervisors

Segal suggests that HR managers focus on six areas for supervisor training:

1. Refrain from engaging in harassment and other inappropriate conduct (even if not unlawful).

2. Report all complaints of harassment and other inappropriate conduct to Human Resources, even if the employee:

• Requests that nothing be done (Tell supervisors they are required to report this as a matter of policy.)
• Asks for absolute confidentiality (Tell supervisors they can't guarantee that but can tell employees they will keep it as confidential as possible.)
• Does not use legal buzz words (The employee doesn't have to say "harassment"; he or she might say "uncomfortable.")

3. Respond proactively to harassment and other inappropriate conduct, even if there is no complaint.

• Remember that silence equals tacit support.
• Consult with HR to discuss remedial action.
• Remedy harassment and other inappropriate conduct.
• Focus on inappropriateness, not illegality.

5. Refrain from unlawful retaliation. This is broadly defined, and might include:

• Tangible adverse employment actions
• Other actions affecting material terms and conditions of employment
• Actions independent of employment

6. Respect. Treat your employees respectfully and you'll likely avoid problems. This may be the most important of all, Segal says.

A Final Tip

Avoid legal labels, Segal says. You don't want to have to prove a violation of the law in order to justify your actions.

That's a lot for supervisors to remember, and that's not all they need to know, by any means. How can you be sure that employment actions are being handled the way you want them to be?

Our editors recommend the "simple solution"—an HR audit. It's the only surefire way to identify problems early and correct them before they turn into expensive lawsuits.

Experts recommend an annual audit, but maybe next week would be better? In either case, to do a good audit, you need audit checklists, and there's good news: BLR's editors have already written them—for all of the most difficult HR challenges you face.

Don't "Just do it!" ... Do it right! HR Audit Checklists ensures that you know how. Try the program at no cost or risk.

Why Checklists?

Why are checklists so great? Because they're completely impersonal, and they force you to jump through all the necessary hoops, one by one. They also ensure consistency in how operations are conducted. And that's vital in HR, where it's all too easy to land in court if you discriminate in how you treat one employee over another.

HR Audit Checklists compels thoroughness. As an example, it contains not one but three checklists relating to recordkeeping and digital information management. One lists 34 types of data and also covers confidentiality, emergency planning, efficiency, compliance with laws, and safety. You'd likely never think of all those possible trouble areas without a checklist, but with it, just scan down the list and instantly see where you might get tripped up.

In fact, housed in the HR Audit Checklists binder are dozens of extensive lists organized into reproducible packets, for easy distribution to line managers and supervisors. There's a separate packet for each of the following areas:

• HR administration (including communications, handbook content, and recordkeeping)
• Health and safety (including OSHA responsibilities)
• Benefits and leave (including health cost containment, COBRA, FMLA, workers' compensation, and several areas of leave)
• Compensation (payroll and the Fair Labor Standards Act)
• Staffing and training (incorporating Equal Employment Opportunity in recruiting and hiring, including immigration issues)
• Performance and termination (appraisals, discipline, and termination)

HR Audit Checklists is available to HR Daily Advisor readers for a no-cost, no-risk evaluation in your office for up to 30 days. Visit HR Audit Checklists and we'll be happy to arrange it.

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