6 inappropriate things you may be doing at work

The recent sexual assault and harassment allegations against lawyer Rudy Giuliani by a former employee have renewed everyone’s interest in inappropriate workplace conduct.

The allegations include that Mr. Giuliani demanded that his employee “work naked, in a bikini, or in short shorts with an American flag on them that he bought for her,” that he “regularly drank all day and night” and was frequently under the influence of alcohol, and the he exposed himself to her.

While these allegations, if true, are beyond “inappropriate,” it is a good reminder that workplace conduct and conversations can be a tricky topic to handle. They aren’t limited to overtly sexual comments, either. The allegations against Mr. Giuliani include that he made racist, antisemitic, homophobic and fatphobic remarks as well.

Sometimes, without even knowing it, people say things to co-workers that could be considered insensitive or discriminatory and may expose their employer to employment lawsuits.

Here are six topics that you or your co-workers might be discussing that you should avoid. And, if you are the manager, it is your responsibility to address these behaviors and take steps to stop them from recurring.

1. Commenting on a co-worker's appearance.

While an employer can generally counsel an employee on their adherence to the employer’s dress code, if it is not dress code related, an employer should steer clear of any comments regarding an employee’s appearance.

These types of comments could be considered sexual harassment or discriminatory stereotyping.

Additionally, in the age of email and instant messaging, it can be hard to interpret tone in online communications, making comments about a co-worker's appearance even more risky. A compliment like, “that new outfit looks great on you” could be read as having sexual intent if the person you are making it to cannot see your face or hear your tone.

Simply avoid commenting on others’ appearances.

2. Making generalized statements about an ethnic group or race.

The phrase “you people” is never a good idea. Such stereotypes are often related to protected classes.

For example, not all older employees are incapable of keeping up with modern day trends in computers and technology. Such comments make it appear that you are classifying an employee in a given group with a set of pre-defined traits.

Even if those traits are positive (e.g., “you guys are such hard workers”), such stereotyping could lead to a problem.

3. Asking someone when they plan to retire.

This can be construed to mean that you think your co-worker or employee is becoming too old to work.

Age discrimination can be as subtle as referring to someone as “past their prime” or “over the hill,” or repeating the old maxim that “you can't teach an old dog new tricks.”

In the appropriate setting, a manager can (and should) discuss with someone their timeline for retirement for succession planning purposes. But otherwise, it is best to avoid remarking on people's age.

4. Using gendered language.

An employee may be inclined to casually describe a whiny customer as “acting like a little girl,” or an aggressive co-worker as a “tough guy,” but these words carry a gendered connotation that could lead your co-workers to believe you think that only women are capable of being rude or whiny or only men are capable of being tough.

Additionally, certain characteristics can be interpreted differently for men and women, such as how an assertive man can be seen as “a leader,” while an assertive woman is thought to be “bossy.” It’s time to remove these stereotypes from your repertoire, if you have not done so already.

5. Asking people about their religious beliefs.

While it is fine to talk about religious belief, it should be done in a manner that is not intimidating, interferes with employment duties or creates a situation where a manager is abusing his or her authority.

Repeated comments about someone’s religion — pro or con — also can be considered harassment, which can become a problem since religious discrimination is forbidden by both Iowa and federal law.

6. Speculating about someone else’s sex life.

Some things are private, and your own and others’ sex lives is one of them.

As the $2.2 million verdict in Polk County, Iowa, several years ago involving a former female Iowa Senate Republican caucus staffer revealed, such unwelcomed and repeated comments could constitute sexual harassment and result in massive litigation and exposure if they are not promptly remedied.

In the Polk County case, testimony revealed that one of the plaintiff’s co-workers allegedly teased women in the office about their sex lives and called his co-workers “prudes” if they didn’t respond to his taunts. The plaintiff testified that she reported the comments to her supervisors, but they apparently failed to investigate them, despite their promises to clean up the environment.

Accordingly, make it crystal clear your organization will not tolerate such conduct and will act upon it. And if reported, do what you said you would do (and what the law requires you to do): Remedy it.

Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids. Comments: (319) 365-9101; wstone@lynchdallas.com