Toilet humor gets company a seat in court
May 28, 2008 by Sam NarisiPosted in: Americans with Disabilities Act, In this week's e-newsletter, Latest News & Views
No one said supposed adults are always going to act like adults. But here’s how a potty training book and some diarrhea jokes almost got one company in serious legal trouble.
An employee suffering from MS had a few unfortunate “bowel accidents” at work due to his condition. So what did his mature, empathetic co-workers do? They left a child’s potty training book at his desk and started calling him names like “Poopy” and “The S***meister.”
The man sued, claiming he was subjected to a hostile work environment because of his disability.
But the company won the case. Why? The employee never complained to HR or a supervisor about the conduct. Therefore, the company had no obligation to do anything.
As other cases have shown, even immature jokes can turn into harassment or discrimination suits, which is why companies need to take employee complaints seriously. But the kicker: The employee has to complain first. Courts don’t expect companies to deal with discriminatory conduct they don’t know about.
Cite: Murphy v. BeavEx, Inc.
Tags: complaints, disability, hostile envirnoment

June 4th, 2008 at 10:02 am
Although the company did win the lawsuit and should have since the employee never complained to HR, I would have landed on the employees who participated, or even sat by and watched without reporting the situation to HR, like a ton of bricks.
How old were these people anyway? Do they have any idea what it is to have a chronic illness? I have no doubt that they will complain the loudest when life finally catches up to them and they have health problems. And it will happen!
June 4th, 2008 at 3:05 pm
I 100% concur with Pie. Our company has a zero tolerance Harrassment Policy. The “jokesters” would have been toast!