Just in time for the All-Star game, Major League Baseball (MLB) pitched a new Workplace Code of Conduct: Sexual Orientation ("Code")1 , stating a zero-tolerance policy for harassment or discrimination based on sexual orientation. Commissioner Allan H. (Bud) Selig, Major League Baseball Players Association (MLBPA) Executive Director Michael Weiner, and New York Attorney General Eric T. Schneiderman (who helped draft it) stepped up to the plate to make the announcement. The Code is slated to be in every Major and Minor League player and posted in each locker room. The League also agreed to implement new training opportunities for team officials and to create a centralized complaint system for reporting foul play.

Code Contains No Curve Balls

The Code requires that players act with respect, report misconduct, and be models of sportsmanship. It is simple yet emphatic and contains examples on these prohibited actions:

  • Slurs, insults, or jokes
  • Unwelcome physical contact
  • Pornography posted in the workplace

The Code also states that it will not tolerate retaliation against a person who, in good faith, makes or assists in making a complaint under its policies, or who assists in an investigation of a complaint.

What can you steal from the MLB?

Although the law does not currently identify sexual orientation as a protected class, many employers are enacting policies to prevent harassment and discrimination based on sexual orientation. The MLB's stated reason for stepping up to the plate is to promote sportsmanship, which is defined to mean helping every player play his best game, regardless of sexual orientation, so the team can play its best. The same principle applies to most employers who want employees to work cooperatively, respectfully, and productively, regarless of who's riding the pine. If you do not have a policy already, the Code is a good start.

Notably, the Code states in two places that misconduct can be reported to any one of several people – Field Manager, General Manager, the Commissioner's Office (not even any particular person in that office but presumptively anyone in that office), or the Players Association. A strong reporting section should clearly identify to whom reports should be made and should include different reporting options (including reporting to others than those who may have committed the foul).

However, the broad definition of workplace for MLB players spans a significantly larger fair territory than most. While players travel, play at different times of day, and practice at different locations and times, most employees have a more regulated workplace. Thus, any policy an employer drafts may need to limit the prohibitions to those taking place at work, through work technology, or that directly impacts the workplace (including social media).

Crowd Reaction

While it is too soon to predict exactly how players, fans, and commentators will respond to the Code, it appears the Code is proactively seeking to improve the workplace to improve teamwork.

Attorney General Schneiderman applauded the effort:

"By making a clear stand against discrimination in the workplace, our National Pastime is showing national leadership in the fight to promote equal justice for all. I am committed to using every tool at my disposal to ensure equal protection under the law for all employees no matter where they work, and I applaud Major League Baseball and the Major League Baseball Players Association for working cooperatively with our office to promote a culture of inclusion and equality."

While bringing the heat is not mandatory at this stage of the game, the Code solidifies the ever-increasing shift of recognizing discrimination based on sexual orientation in the workplace. A solid game plan for discouraging and, when necessary, reporting discrimination is vital to any entity's success, regardless of the playing field. Reviewing your policy line-up is a great place to start. Let us know if we can help.

Footnote

1. The one-page Code can be found at this link http://www.strasburger.com/pdf/2013_7_16_mlb.conduct.pdf

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.