Can You Take a Joke? Fifteen Years Later, the Answer Is Still “Maybe”

Happy April Fools’ Day. Way back in 2011 — on this very date — I wrote a post titled “Can You Take a Joke? Caselaw Indicates Most People Can.” I found exactly two cases where April Fools’ Day pranks led to employment disputes, neither went well for the employee, and I closed with a reminder from Hill Street Blues: “Let’s Be Careful Out There.”

Fifteen years later, it’s time for an update. I’ve spent the intervening years warning you about the dangers of Halloween (the “Naughty Nurse” costumes), Valentine’s Day (the greeting cards, the chocolate), and office holiday parties. April 1st doesn’t generate the volume of employment litigation that the office holiday party does, but the broader universe of workplace prank cases has grown — and the lessons for employers are worth revisiting.

The Original Two: Still Good Law, Still Good Fun

Let’s start where we left off in 2011.

In Monson v. N. Habilitative Services, Inc., an employee tried to use an “April Fools’ Day spoof” as evidence of workplace harassment. The prank? A coworker left her a candy bar wrapper — with a piece of wood inside instead of candy. The employee’s own response to the joke? She said it was “great.” The court was unimpressed, and the harassment claim failed.

Then there was McKee v. SCM Corp., where an employee sent an unreasonable request for detailed technical information with a one-day turnaround. The recipient fired back a sarcastic reply dated April 1st. When the original sender was told his request was inappropriate, he claimed the criticism was racially motivated. The court granted summary judgment to the employer.

As I said back then: you had to be there for that first one.

When a “Prank” Is Really Harassment

Of course, not all workplace pranks are harmless fun. Some are deeply offensive — and the courts have had no trouble recognizing that.

In Banks v. GM, LLC, 81 F.4th 242 (2d Cir. 2023), Black employees at a GM plant found nooses at their workstations on three separate occasions. The Second Circuit reversed summary judgment for the employer, finding that even a single placement of a noose could be severe enough to support a hostile work environment claim. The district court had somehow omitted any mention of the nooses in its analysis. The Second Circuit was not amused.

The lesson here is obvious but bears repeating: there is no version of events in which a racially charged “prank” is just a joke. Courts have consistently held that such conduct — even a single incident — can be severe enough to alter the conditions of employment and create an abusive work environment. And remember, Title VII is not a general civility code — not every crude joke rises to the level of a hostile work environment claim. But when a “prank” targets a protected characteristic — race, sex, religion, disability — the courts aren’t laughing.

So What’s an Employer to Do?

Here are a few practical takeaways as you navigate this most mischievous of “holidays”:

Know what you’re condoning. If your workplace culture tolerates or encourages pranks, understand that you may be on the hook when one goes sideways. A culture of condoned horseplay can bring consequences squarely within the scope of employment.

Apply discipline consistently. If you fire someone for a prank, make sure you can show that you’ve treated similar incidents the same way. If your company has a history of looking the other way when pranks occur, firing someone for the next one is going to look suspicious — especially if the fired employee happens to be a union supporter or a member of a protected class.

Know where the line is. There is a universe of difference between a piece of wood in a candy bar wrapper and a noose at someone’s workstation. Pranks that target a protected characteristic — race, sex, religion, disability — are not pranks. They are harassment. As Banks makes clear, even a single incident can be enough to create liability.

Train your people. I know, I know — I say this in every post. But it bears repeating, especially today. Your anti-harassment policy should make clear that “jokes” and “pranks” are not exempt from workplace conduct standards. And your managers should know that when a prank crosses the line, they need to act — promptly and consistently.

The Bottom Line

There may not be a lot of cases about April Fools’ Day but the fundamental lessons as I wrote about before haven’t changed over the years. And it seems that most people can, in fact, take a joke. The problems arise when the “joke” isn’t funny to anyone but the person telling it — or when it targets someone because of who they are.

So on this April Fools’ Day, I am by no means saying you can’t have a little fun at the office. Put googly eyes on everything in the breakroom fridge. Fill someone’s office with balloons. But don’t get anywhere close to the line of doing something offensive or downright illegal.

It’s just a made up holiday after all (or is it?).