Leave Valentine’s Day at Home

Posted on February 13, 2014 in Consulting

Only bad things can come from attempts to recognize Valentine’s Day at work.  This assumes, of course, that you took my advice from last February, “The Valentine’s Edition: Workplace Romance” (http://www.employment-matters.com/2013/02/), and that you do not work with a spouse, a significant other, or (please forbid) a paramour.  No employee should need to be romantic at work tomorrow, or, for that matter, on any other day. Yet, tomorrow will bring Valentine’s wishes in some workplaces, although certainly not for me, and most certainly not after this newsletter.  So let me share some real life examples of Valentine’s Day thoughts gone wrong that might help encourage your workplace to leave Valentine’s Day at home.

Be Careful what you Ask

 It seems that Valentine’s Day creates the opportunity for crass behavior by unrefined persons.  Take this real case example.  Secretary Valerie Baskerville asked her boss, Sales Manager Michael Hall, whether he had gotten his wife a Valentine’s Day card.  He responded that he had not but that he should because he was alone in his hotel room with only the company of his pillow.  To deliver his full distasteful message, he added a suggestive mannerism too risqué to describe in this newsletter.  This and other conduct lead to a sexual harassment suit that Baskerville won at the trial court, but (interestingly) lost on appeal.  See Baskerville v. Culligan Int’l Co., 50 F.3d 428 (6^th Cir. 1995).  No doubt this was a shallow victory for the employer (Culligan), who presumably spent a handsome amount defending itself because of stupid, crude Valentine’s commentary. 

No Gifts

What possible good can come from a supervisor or co-worker presenting a Valentine’s Gift to an employee?  Very easy answer: None.  Valentine’s gifts are by definition romantic (or at least intended to be so): red roses, chocolates in heart shaped boxes, and little stuffed animal bears holding harps.  No one should give or receive Valentine’s gifts at work.  It invites problems.   The giver likely has ulterior motives.  My favorite example from a case I had was the gift of a hotel room key.   A would-be gift giver with no romantic purpose should consider why he or she (women can harass too after all) has selected Valentine’s Day for his alleged plutonic showing of generosity.

No Valentine’s Day Cards

As an employment law attorney, I only hear about Valentine’s Day cards when they are part of a sexual harassment claim.   And there is no good defense to a harasser’s written statements proclaiming love.   Try defending the employee who wrote this Valentine’s Day Card:  ²I can’t imagine loving you more than I do today . . . but  tomorrow  I  will.  HAPPY VALENTINE’S  DAY, SWEETHEART.² (See Johnson v. West, 218 F.3d 725 (7^th Cir. 2000)).  Seriously, nothing good comes from a workplace Valentine’s Day card.

My advice for tomorrow is real simple:  Leave Valentine’s Day at home.