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Jokes can still be sexual harassment

On Behalf of | May 28, 2026 | Employment Law |

One of the most common excuses that people give when accused of sexual harassment is to say that they were just making a joke.

For instance, say that a coworker says something disparaging about you based on your assumed sexual orientation or your gender. You are offended, and you immediately bring it up to them and say that this was unacceptable behavior.

But then they turn things around and say that you just do not have a sense of humor. They claim they were just joking and that you did not get the joke, so you are taking it way too seriously.

2 issues with this excuse

This is a common excuse, but there are multiple reasons why it does not hold up. For one thing, even a joke can be sexual harassment. Perhaps the person genuinely thought that what they said was funny, and they expected a laugh from their other coworkers. But if they are repeatedly making these types of comments, it can create a hostile work environment.

Secondly, they may be lying. People will often say things that are offensive and just claim that it was a joke after the fact as a way of gaslighting the victim into believing they have not been harassed. But the reality is that they were not joking the entire time. They are just making excuses for their behavior.

Exploring your legal options

You should not have to work in a hostile work environment, and you should never have to experience sexual harassment on the job. If these things do happen, then it is important to understand exactly what legal options you have and what steps you can take moving forward.