With just two weeks to go until the new season begins, I wanted to make sure we give proper attention to another potential candidate for Michael’s position (once Robert California vacates it and proceeds to rule the Company and then the world) — Kelly Kapoor. She has gone through a number of transformations since slapping Michael in “Diversity Training.” Has the minority executive training program helped Kelly to become a rising star? Gabe certainly learned his lesson when he failed to take Kelly seriously as a candidate. In case Kelly does indeed fill Michael’s large shoes, here is my top 10 list of things our friends at The Office should keep in mind.

1.  You better hope you raised your hand for Kelly when asked whose side you were on in the Kelly/Ryan divorce drama.

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Litigation Value: As to Dunder Mifflin, $500,000 (for potential hostile work environment, race discrimination/harassment, and/or intentional/negligent infliction of emotional distress damages); as to Andy, $25,000 (for potential assault, battery, humiliation, and emotional distress damages); as to Michael, $300 (value of decapitated koi).

Eight seconds. That’s precisely how long Michael needed to both sexually and racially harass the multitudes. To set the stage, Michael emceed the Scranton branch’s office Halloween party, staffed by Scranton branch employees and attended by their friends and families, including numerous children (and it was principally for them). Unencumbered by restraint, Michael spared no opportunity to “gift” the audience with a sexually provocative costume (paying homage to Mr. Timberlake and S.N.L.). Aside from his perpetually poor judgment, Michael’s offensive attire alone could land Dunder Mifflin with a hostile work environment lawsuit, particularly given his supervisory role. When will he learn to be the example, instead of being made the example?

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Litigation Value: $0

Since Troy is away on business, I’m guest-blogging again. And what a week to do so –- there’s a lot to talk about from the “Casual Friday” episode.

Although many HR folks can appreciate HR director Toby Flenderson’s dilemma dealing with employees taking casual Friday too far, there wasn’t a lot in terms of litigation value with everything that was happening. Arguably, Meredith Palmer flashing everyone for what seemed like an eternity could lead to a hostile work environment claim. But Toby did step in and rectify the situation pretty quickly, which would help prevent a claim. He also dealt with Angela Martin’s complaint about Oscar Martinez pretty well –- if you don’t like Oscar’s sandals, don’t look at his feet.

Actually, Angela’s comment about Oscar looking like he just got off the boat could have been a pretty good start to a hostile work environment claim, but she didn’t say that in front of Oscar, so even that wouldn’t end up costing Dunder Mifflin anything.

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