The Office Season Finale: A Legal Analysis
I firmly believe that NBC’s The Office is the world’s finest source of employment law training. Just watch it and do the exact opposite of what the characters do.
Last week was the show’s season finale. For educational purposes, I though it might be helpful to offer the following analysis of potential liability facing the company as a result of its employees’ actions.
HR Monsters?
The episode revolves around the departure of Toby, the Office’s HR “professional.” Michael couldn’t be happier and orders the staff to throw a sort of “go away” party.
When Michael first meets Toby’s replacement, Holly, he says: “My job is to make the office fun. Your job is to make the office lame. And we have an eternal struggle, you and I. And one of us is going to be the winner. Spoiler alert: I’m gonna win.” He then adds, ”Thanks to Toby, I have a very strong prejudice against Human Resources. I believe that the department is a breeding ground for monsters.”
The Verdict: As discussed previously here on the Blawg, management disdain for HR can expose the company to serious liability. Risk = Extremely High. Price = $$$$$.
If You Can’t Beat ‘Em, Date ‘Em
Michael quickly changes his tune when he discovers that Holly shares his taste for horrifically lame jokes. He starts hitting on her; she starts hitting on him. He openly discusses his “love” for her with a subordinate employee and says he really wants to “kiss her.”
The Verdict: While the budding relationship appears welcome on both sides, any time a boss is romantically intertwined with a subordinate, legal difficulties can ensue. Click here for more on this topic. Risk = High. Price = $$$$.
Perceived “Disability”
On her first day, Holly somehow comes to the conclusion that one of the Office’s accountants, Kevin, is mentally disabled (he’s not). She spends much of the episode following him around, openly remarking on various aspects of his “condition” and speculating about how it might affect his performance.
The Verdict: Regarding someone as disabled, even if he or she is not, can lead to a claim under the Americans with Disabilities Act. Be careful what you assume, even if your intentions (like Holly’s) are good. Risk = Medium. Price = $$$.
Office Hazing
Michael instructs Dwight to haze Holly, which Dwight defines as “a fun way to show a new employee that she is not welcome or liked.” Dwight does so by, among other things, putting a live raccoon in her car.
Fortunately, Michael comes to Holly’s aid by publicly denouncing Dwight’s actions (even though he originally encouraged them) and ordering the staff to like Holly, saying that she is “the best thing that’s happened to this company since World War II.”
The Verdict: Michael’s speech and the fact that Holly suffered no apparent damage lower the risk substantially. Risk = Medium. Price = $$.
Office Fireworks?
Michael sanctions a party replete with fireworks, ferris wheel, bouncy house and loads of alcohol. In the middle of the party, he grabs a microphone (which is always a recipe for disaster) and then sings (badly) a song celebrating Toby’s departure.
The Verdict: Mixing alcohol, explosives, potentially dangerous rides and an open mic at a company-sanctioned event is rarely a good idea. If nothing else, at all costs please keep the boss away from the mic (especially if he thinks he’s funny). Risk = High. Price = $$$$$.
Age Discrimination?
On the first day, Holly treats all the employees with kindness and respect but for some reason approaches the Office’s oldest employee, Creed, with a bit of an edge. In their first conversation, she asks him to define exactly what he does for the company. He blanks and then later appears to be offended, saying, “What is wrong with this woman? ‘What do I do?’ What do I do, I do here. I should have written it down. ‘Qua’ something. Quaaa. Quarr. Quab. Quall. Querr. Quobbity. Quobbity assurance.”
The Verdict: Make sure you’re treating all employees consistently and fairly. Questions like the one asked by Holly can be perfectly fine but should be part of a well defined process equally applicable to all employees. Risk = Medium. Price = $$$.
CONCLUSION
The above doesn’t even include the likely conviction of an executive (Ryan) for embezzlement/fraud nor the closing scene which featured passionate necking and partial nudity by Dwight and Angela in an office cubicle.
The Bottom Line: The Office may not be back next year due to bankruptcy following multiple class action lawsuits. Better get used to reruns.
