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You’d think they’d know better

by on
in Employment Law,Hiring,Human Resources

It seems everybody’s a comedian at the Ohio Department of Transportation (ODOT), where off-color e-mails have been flying. Unfortunately for ODOT, not everyone in the audience is laughing.

One incident involved an equal employment opportunity officer in the department’s Lima office, who sent an e-mail to a number of ODOT employees featuring a picture of a woman with large breasts and a caption suggesting hiring an applicant if her breasts “touch the wall and her nose doesn’t.”

The officer said he thought others would find it funny.

A second employee in labor relations e-mailed ODOT co-workers 13 pages of cartoons—some depicting female nudity—making fun of Hispanics, overweight people and women.

Both employees were investigated because of complaints from co-workers who didn’t find them funny, and both received written reprimands.

Final note: While you can’t always control what employees do with their time, the courts will hold you entirely responsible for how you react after someone complains. A swift, decisive response can make or break a hostile environment claim. Update your e-mail and communications policy to clarify—no jokes, no matter how funny they may seem to the sender.

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