“Locker room talk” is a phrase we’ve all heard at some point in our lives. It’s meant to describe words, expressions, and behavior that are typically associated with men. The idea is that when men are among themselves and behind closed doors, they speak and act differently than when they are among those of the opposite gender. Their language is more vulgar and often sexually charged. But what place does this type of talk have in the workplace?
Despite having similarly gendered people in one room, “locker room talk” is inappropriate for the workplace and can create a hostile work environment. Even the term itself tries to minimize the actual conduct involved.
What is a Hostile Work Environment?
Harassment comes in many forms, including a hostile work environment.
The U.S. Equal Employment Opportunity Commission (EEOC) defines harassment as unwelcome conduct based on a protected ground, including race, color, sexual orientation, gender identity, pregnancy, national origin, older age, or genetic information.
A workplace environment becomes hostile when the words or actions of a supervisor, manager, or other co-workers negatively and severely impact another’s ability to complete their work.
So how does “locker room talk” constitute a hostile work environment?
The legal criteria for showing that a hostile work environment exists include the following factors:
- The harassing behavior must be based on a protected ground, that is, race, color, sexual orientation, gender identity, pregnancy, national origin, older age, or genetic information);
- The harassing behavior must continue and be long-lasting or pervasive;
- The behavior causes an intimidating, offensive, or abusive environment.
Establishing a hostile work environment requires that an employee establish that the words or actions of a co-worker or supervisor make it impossible for them to perform their job effectively. This includes severe, pervasive, and unwelcome behavior or words or actions that make the employee unable to function in their role. Essentially, the language used or behaviors must be offensive or hostile.
“Locker room talk,” or more candidly, conversations that include vulgar descriptions of sexual organs, can be considered harassment if they are severe or occur often. When these take place over time and are repeated at the workplace, a hostile work environment is more likely to occur. Similarly, sexualized language that includes gay innuendos, offensive jokes, objects or pictures, and crude or insulting behavior can also result in a hostile work environment.
What if the Comments Are Not Directed at Me?
A hostile work environment is created when an employee is the person intended to receive crude comments or actions. But what about a witness to the incident?
Employers have a legal responsibility to make everyone feel safe at their workplace. An employer is not absolved from creating a hostile work environment just because the person who witnessed the crude and unwelcome remarks was not the intended recipient. Even when you are a witness to the pervasive conduct, you can still report the harassing behavior.
Comments Meant to be “Complimentary”
There is a fine line between comments that are meant to be compliments and sexual harassment. Compliments are meant to make someone feel good. Sexual harassment is often a way to gain power over another person by making them feel uncomfortable.
Inappropriate and unwanted “locker room talk” in the workplace can make a victim feel uncomfortable and unsafe. Every person has a right to feel comfortable at their workplace. Yet, “locker room talk,” even if meant to be a compliment, can make a person feel unsafe. This type of conduct is still considered harassment when it creates a hostile work environment for the victim, disabling a person from carrying out their functions.
Generally, Title VII of the Civil Rights Act of 1964, as amended, must deter and punish sexual harassment and hostile work environment in the workplace for companies that employ more than 15 people. The Department of Fair Employment and Housing (DFEH) in California protects employees from sexual harassment and hostile work environments. California’s DFEH applies to employers with only one employee for discrimination claims. For all others, a California employer must have at least five employees.
You should contact an employment lawyer if you feel that “locker room talk” has created a hostile work environment. It doesn’t matter whether you are the same gender as those who made the comments. It also doesn’t matter if you were only a witness to the words or if the comments were said to compliment. You may have been the victim of sexual harassment and a hostile work environment, which will be taken seriously.
Our team of employment attorneys are here to help employees who are victims of a hostile work environment. The best step to take is to consult with our team now. Reach out for a confidential and free consultation here.
