Make Workplaces Great Again: The "Locker Room Talk" Defence

A video recording was leaked two days before the second U.S. presidential debate of Donald Trump making lewd and sexually aggressive comments about women to an Access Hollywood reporter. In the debate, Mr. Trump characterized his comments as "locker room talk".

The "locker room talk" rationale may have made its debut in the presidential candidacy context that night, but it is certainly not a new concept in the employment context. A similar defence of "shop talk" has been asserted by employees who have been disciplined or terminated for insubordinate statements that are insolent, derogatory and contemptuous of their employer or for uncivil behaviour towards their colleagues and superiors, such as cursing and abusive comments.