AVOIDING THE SLIPPERY SLOPE:

Building an Inclusive and Welcoming Workplace

Presented by:

Douglas E. Duckett, Esq.

Duckett Law Firm, LLC

www.duckettlawfirm.com

Goals for the Day

To go beyond the minimum required to ensure a workplace free of sexual harassment or unlawful discrimination.

To avoid slippery slopes where employee conduct may seem “funny” or fine but can harm and damage careers.

To create an atmosphere at work that is productive, and fun—but that remains appropriate and professional.

Goals for the Day (cont.)

To help you stay on the safe side of the lines when it comes to comments and use of humor at work.

To enforce what you have a right to expect in terms of how people treat you at work.

To answer your questions.

You Know the Basics—We Can’t Have A Discriminatory Workplace

Harassment based on sex, race, religion, etc. is illegal.

It can end careers, cost the City, and cost you your job.

That can take many forms—obvious and overt, and less obvious as well.

Sexual Harassment

It can take two basic forms:

– Quid pro quo—demand for sexual favors.

– Hostile and abusive working environment.

And from whose perspective is that determined? Is “intent” required?

And because harassment is a form of discrimination

It applies just as much to discriminatory or hostile comments based on any other characteristic covered by law or City policy, such as race, religion, age, national origin, disability.

Remember that “hostile” can wear a smile—it can come in the form of humor, jokes, and stories.

You know all this. So what is today about? The City of Montgomery wants more than the

avoidance of the obviously illegal.

The City wants a workplace where:

– People are encouraged, not hurt, by others who use them as the target of “humor.”

– A place where it is fun to work but also productive and professional.

– A place where everyone can be proud to work, not cringing with embarrassment.

– People don’t lose their jobs or cause others to leave by saying stupid stuff.

Where and how does the slope get slippery?

If a male supervisor and a male employee are telling a sexual joke about women where no members of the public can hear it?

A “blond joke” initiated by a female officer worker in a conversation with other workers in the office?

Some women in the office joking about the new police officer’s “cute butt”?

Some key principles to remember:

The intent of the speaker does not control—and may not even be relevant.

You can’t control your audience’s reaction—and you don’t get to say what is and isn’t funny.

Sometimes you don’t know who your audience even is.

Remember how little you may know about your listener.

What do you do when you say something stupid?

You’ve probably done it—we all have. Or you have had it happen to you.

What has worked?

What has not been helpful?

What to do, what not to do at those moments

Own it. You said it. The fact that someone heard it is not the problem.

Apologize immediately for what you said—not that the person heard it.

Take total responsibility—don’t explain or defend or rationalize.

Do whatever you can to make it right.

Learn from it—and don’t do it again.

Scenario # 1

An employee in your department is talking about having struck a really good deal on a used car he bought for his daughter.

“I was really able to Jew-down that salesman at the car lot and got a great price!”

Just the two of you heard the remark, you’re not Jewish, and you have no reason to think this person has anti-Jewish biases.

Is there a problem?

Scenario # 2

You overhear three young employees talking about something they saw on You Tube when someone really made a fool of himself.

“Dude, that is so gay! I can’t believe he did that!”

To your knowledge, none of the three is gay, and neither are you.

Is this a problem?

What is the line between “being PC” and the slippery slope?

Sometimes people say that policing sexual, racial, or ethnic humor is being “politically correct.”

We get from prior training that we can’t make hostile comments about people’s sex lives, race, religion, or sexual orientation.

So where is that line? What is the trouble zone?

Scenario # 3: Two employees discuss a new hire

“I hear the new public works employee is an Indian.”

“Dot or feather?”

“What do you mean?”

“American Indian or from India?”

Both employees laugh at the joke.

New hire was not there to hear it.

Difference if the public heard or not?

Be aware of how the “new, different” employee is treated

Well-meaning employees have a tendency to “exoticize” those employees whose background is new to them.

Try to focus on commonalities instead of the differences.

Don’t put employees in a position of being “spokespeople” for a group.

We’re not asking people to walk on eggshells. Just treat people the same.

Why not follow the rule of “no harm, no foul”?

Employees bristle at consequences for “private” jokes and conversations.

But work is work and play is play. The central problem is forgetting boundaries.

If you’re on work time in a work location, your conversations are not “private” in that sense and can create consequences.

As we noted earlier, you can’t control your audience’s reaction—or even who they are.

Scenario # 4: How do you handle someone sliding down that slope?

You walk up to some employees talking and laughing at work.

Someone says to you, “Oh, you’ll love this one,” and proceeds to start with a sexual joke that is admittedly funny to you—in another context.

What’s the best way for you to respond to that at that moment?

Your own behavior matters most of all Not every move into slippery-slope

territory is necessarily a major disciplinary problem.

But silence = acceptance and is never the right answer to wrong conduct.

Your own conduct matters most of all. Every employee of the City of Montgomery must take responsibility for building an inclusive, welcoming workplace.