Sexual harassment and discrimination still occur on the job, even though both are prohibited. In many cases, those who engage in this behavior will simply make excuses after the fact. If someone makes a sexually explicit comment about you and you call them out on it, saying it is both inappropriate and potentially illegal, they may tell you that they were “just joking.”
This excuse is attempting to do two things. First, they’re trying to downplay the seriousness of their actions, making it seem like it wasn’t a big deal and that they weren’t trying to harass you. Second, they may even imply that the issue is your fault, suggesting that you need to “lighten up” or “learn how to take a joke.”
This is not an excuse
If this happens, remember that this excuse doesn’t hold water. Any comments, gestures, or actions that make people feel uncomfortable can constitute sexual harassment. This includes jokes – or anything someone says, even if it’s not humorous, that they claim was a joke.
On one hand, the person may be lying—they weren’t joking but are now trying to backtrack since you’ve called them out. On the other hand, they may genuinely have been making a poor-taste joke. But either way, they have still committed sexual harassment against you in the workplace.
What options do you have?
As an employee in California, you do not deserve to face sexual harassment on the job. It’s crucial to understand all the legal steps you can take to protect your rights. Remember that discrimination and harassment are illegal and that gender is a protected class.