In my humble opinion The Office is the world’s #1 employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective. We also conduct a weekly “Are You Smarter Than a Lawyer?” Contest. Anyone who leaves a comment below identifying a legal issue that I missed will win a valuable prize.

Last Night’s Episode: Special Project

The Plot: Here’s NBC’s official description: ”Dwight is assigned a special project; Pam returns from maternity leave.”

My Analysis:

1. Issue: Pregnancy Discrimination
   Description: In the first 47 seconds after Pam’s and Angela’s returns from pregnancy leave, several employees arguably committed acts of pregnancy discrimination. Andy pretended to punch Pam’s now non-pregnant belly. Stanley and Angela derided Pam’s maternity leave as “vacation.” Angela made various post-partum obesity-related comments. Pam made a “mommy brain” comment about Angela.
   Risk: $$$
2. Issue: Food Allergies
   Description: Angela knowingly gave Kevin a brownie with walnuts despite Kevin’s “extreme” nut allergy. The fact that Kevin knowingly ingested it with full knowledge of its contents could mitigate any damages.
   Risk: $
3. Issue: Defamation
   Description: Once again, Dwight publicly claimed paternity of Angela’s baby. The baby should sue for defamation of character (even thought it appears to be true, being the spawn of Dwight is just too awful not to be slanderous). In addition, Kelly (and Dwight) called the infant “monster baby.”
   Risk: $
4. Issue: Workplace Violence
   Description: In addition to Andy’s pregnancy punches, Dwight made a series of potentially injurious karate chop spin moves and threatened multiple employees. Jim slapped Dwight’s forehead.
   Risk: $$
5. Issue: Never Ever Put Dwight in Charge of Anything
   Description: Dwight was chosen to lead a team to develop a new chain of company stores. Unless it’s planning to declare bankruptcy and get sued by lots and lots of people, that’s a very bad idea. He promptly put together a “dream-less team” of the office’s least competent workers and made plans to waste lots of corporate resources. His (and Andy’s) rather arbitrary interview/selection process could lead to discrimination claims from all those not selected (many of whom appeared to be suffering emotional distress). In addition, Dwight arguably committed insubordination by openly questioning the criteria Andy forced Dwight to use in making the selections.
   Risk: $$$$
6. Issue: Harassment
   Description:  Andy and Erin continue to stalk one another. Darryl stalked Val. Dwight made inappropriate swimsuit references to Pam. Darryl’s “gift” to Nate resulted in Nate stalking Darryl. Erin gave Andy a lingering hug. Kathy started stalking Jim.
   Risk: $$
7. Issue: Inappropriate Comments
   Description: Dwight made an inappropriate pig-posterior-related comment. Andy made an inappropriate flamingo-related comment. Darryl made a potentially discriminatory religious comment. Dwight made comments about various disabilities (including Toby’s SAD problem and Kevin’s gambling addiction), as well as references to age, drug use, sexual orientation, national origin, nincompoops and other potentially protected classes. Andy over-used the term “guys” and “dudes,” which could make women feel left out. Ryan urged Andy and Dwight to consider “youth” as a factor in the decision-making, which could constitute age discrimination. Jim discussed showering together with Dwight. Dwight swore profusely and screamed when Andy informed him of the final members of his team. Dwight shouted “shut up, maggot” to Jim.
   Risk: $$$
8. Issue: Infectious Diseases
   Description: Nate described in nauseating detail a rather unpleasant head itch that could be contagious. Dwight released 300 mosquitos and wild frogs in the conference room, which also could trigger the release of contagious diseases.
   Risk: $$
9. Issue: Animal Abuse
   Description: Dwight admitted harming an arctic wolf as a result of using a “chain with three weak links.”
   Risk: $$
10. Issue: Social Media
    Description: Multiple employees wasted time discussing the CEO’s and Jim’s inane texts.
    Risk: $$
11. Issue: Unauthorized Video
    Description: Multiple employees shot unauthorized video on company premises.
    Risk: $$
12. Issue: Copyright Violation
    Description: Dwight decorated the conference room with various Florida-themed pictures printed off the Internet without permission. Ryan’s “think different” theme, if used for the special project by Dwight, could potentially be an infringement.
    Risk: $
13. Issue: Theft of Company Time
    Description: Once again, no employees did any discernible work.
    Risk: $$