This sounds like a script for an episode of The Office. You can just picture Michael Scott explaining to Toby, the HR rep, that he has instructed Pam to come in naked tomorrow... "but don't worry, I told her I'd be naked too!" Soft spoken Toby sits there with a look on his face like his head's gonna explode.
My first reaction to this story was that this is a sexual harassment suit in the making. Under U.S. law, Title VII prohibits quid pro quo sexual harassment and hostile work environment harassment.
Quid pro quo, literally translated, means "something for something," and is often interpreted as "this for that." Generally speaking, employers cannot condition job benefits or job detriments upon an employee's response to unwelcome sexual advances. A naked office employee assures us, however, that:
"We weren't put under pressure. If we wanted to come in clothed or in our underwear, we could."Hmmm, maybe the naked office would be safe from a Title VII quid pro quo claim in America.
What about a hostile work environment harassment claim? There are several considerations for such a claim, including: harassment was pervasive and regular, detrimental impact to plaintiff, would have a detrimental impact on a reasonable person, frequency of harassment, severity of harassment, whether harassment was physically threatening or humiliating, and interference with plaintiff's work performance.
Well, I would certainly knock off a number of the items on that checklist. Ultimately, I would need more facts for a full analysis and even then it may be a judgment call. One thing's for certain, even if the nudity is not itself harassment it's pretty easy to see how it could lead to hostile work environment harassment.
Whether you're an attorney analyzing Title VII claims, an HR manager analyzing employee satisfaction, or a business manager analyzing operations, one of your primary goals should be ensuring the employees are comfortable in their work environment. Employees who feel humiliated, discriminated against, or just awkward will under perform, become dissatisfied, and ultimately may file a lawsuit.
I would question how comfortable employees at any business would be with a naked office. The staff in the article linked above seem to have embraced the idea. Of course, maybe it's just a marketing gimmick to get bloggers to write about them... and oh yeah, the TV show airs this week in the UK.