Sexually Themed Jokes
The Montana Human Rights Commission has found a hostile environment based solely on off-color jokes and cartoons displayed in the workplace. None of the jokes were said specifically to the complainant; none referred to her; the cartoons were distributed by men and women alike, apparently once or twice a month over several years; the cartoons weren’t even sexist or misogynistic. The Commission, however, was not amused. It concluded that the jokes “ha[d] no humorous value to a reasonable person,” and “offended [complainant] as a woman.” The Commission ordered the city to pay damages, to “not … permit, tolerate, or condone the sexual harassment of any employee” (apparently including such humor), and to “evaluate on an annual basis the performance of each department head on the basis of the quality and success of their efforts to implement and enforce the antidiscrimination policies.” 39
