What the #%!*: Political Correctness in the Workplace

Political correctness (or the lack thereof) is a year-round and non-election-related concern, often having little to do with politics. Heated discussions of social hot-button topics, off-hand comments about the news, and different management styles - all these come together in our increasingly diverse workplaces to create potential problems.

In this session, we will consider federal and state anti-discrimination laws (using Title VII as an example) that protect against unlawful harassment in the workplace. We will extend our analysis from unlawful harassment to other kinds of conduct that may be inappropriate even if not unlawful, such as harassing and abusive conduct, to ask whether and how Title VII provides such protections. Our inquiry will look at case law examples and consider a variety of ways, including sex-stereotyping, gender norms, and difficult personalities, to ask whether and to what extent such conduct is unacceptable or permissible, or whether "it depends."  What do we mean by "political correctness" and to what extent does this label apply to unlawful behavior?  How do we balance creating a more inclusive working environment and having employees feel unable to express themselves? To what extent does Title VII case law help organizations set the proper tone for their employees?

This program is geared towards attorneys who work in-house, with human resources, or are otherwise involved with personnel matters.

1. Understand the potential risks under Title VII and state EEO laws of "politically incorrect" comments and discussions in the workplace-and why turning a blind eye (or ear) or being overly restrictive usually are not the best approaches
2. Identify ways that leadership and management can set the desired tone in their organizations around these issues with legal compliance in mind
3. Consider how to deal with co-worker clashes when they arise