Racy novel could prove to be 
a problem in the workplace

Businesses need a strategy for dealing with gossip, emails and texts inspired by the erotic novel Fifty Shades of Grey or risk being open to sexual harassment claims, according to Angela Gorton, a director at Yorkshire law firm, Lupton Fawcett.

Fifty Shades of Grey by female author E L James has already sold 20 million copies through publishing rights in 37 countries. The novel is the fastest–ever selling paperback, even outstripping Harry Potter, and has become a widespread topic for the broadcast and print media, much of which focuses on women saying how it has revitalised their sex lives.

Ms Gorton said that the popularity of the book is sparking open workplace discussions, which add a complex dimension to how employers address sexual harassment, because it has become a talking point among women.

Ms Gorton added: “As this book is the talk of the town it will also be the talk of the workplace. Businesses accept that traditional forms of discrimination and harassment such as displaying pictures of naked women in a wall calendar or men occasionally furtively accessing porn online are no longer acceptable at work. However, this novel has apparently made open discussions about sexual exploits more acceptable. It is an issue on which we have already had contact from employers.

“While no one is suggesting that free-speech should be curtailed, employees need to be sensitive to others. Apart from the fact that such talk can be disruptive, there is the risk of creating a hostile or degrading environment in which bosses would be liable if, for example, a junior male colleague feels humiliated or finds it offensive.”

Ms Gorton said that liability can extend beyond the workplace due to the merger between home and work through social networking sites such as Facebook. The risks of liability for bullying a colleague outside work for being prudish, or for living an alternative lifestyle as set out in the book, can be managed through comprehensive HR strategies.

She added: “There have been cases where someone who discussed their role at a swingers club on a social networking site was subsequently bullied by colleagues. The same could go for this book. Likewise, for company-run book clubs, employers need accompanying literature, drawn up by those running the club, warning that the novel is not company-sanctioned and may contain violent or sexual information and that borrowers read at their own risk.”

Compensation for discrimination claims are unlimited in value and can be lucrative. Bosses can ill afford such claims, particularly in the current economic climate.”

Sarah Tahamtani, an employment partner at Clarion said: “The whole phenomenon of the Fifty Shades books has undoubtedly brought more conversations about the sexual subjects within the book into many workplaces. That said, any business with a strong and clearly communicated framework of equality policy and a respectful culture that is well policed, should not need to legislate for one book, film or other media, regardless of its content.”