Does cussing create a "hostile work environment"?
You kiss your mother with that mouth? Evil HR Lady has an entertaining discussion about a nasty e-mail she received from a "cusser" who didn't like the fact that she had expressed opposition to cussing at work. (Not all cussing -- just the "every other word out of your mouth" variety.) Anyway, the e-mail contained --
you guessed it -- cussing just about every other word. To provide the flavor of the e-mail without being too explicit, HR Lady replaced the actual obscenities with "squid lips." The result was funny and made the e-mailer look pretty foolish.
All of which raises the question -- does garden-variety cursing, not directed at an individual, create a hostile work environment? Some of Evil HR Lady's commenters thought so, but I beg to differ.
There are hostile work environments, and then there are "hostile work environments" -- the type that create employer liability for workplace harassment. Excessive cussing can certainly create the first type of hostile environment, in the sense that it can make the workplace unpleasant, hurt morale, and create stress, but it doesn't usually create legal liability for harassment.
To create liability for discriminatory harassment, the cussing usually has to have some additional element. Cuss words based on an individual's race, sex, or other protected characteristic are a problem. Cuss words that are directed at an individual aren't good, either. And of course, obscene language that is sexual in nature can most certainly create liability for sexual harassment.
All that said, I agree with Evil HR Lady and her more civilized readers that excessive cussing in the workplace is something to be discouraged. In addition to all the reasons she cites, I would add that employees often perceive an unlawful hostile environment when the boss cusses too much, and are more prone to file lawsuits. Even though these lawsuits are eventually dismissed, why would any employer want to go through this trauma if it's possible to avoid it?
Years ago, I defended an employer against a pro se plaintiff who was a Seventh Day Adventist. Among other things, the plaintiff claimed religious harassment because his boss frequently said "GD" as an expletive. Although the language was not directed at the plaintiff, it was offensive to him because of his religious beliefs. It's also not uncommon to hear, in sexual harassment lawsuits, plaintiffs citing their bosses' use of the "F" word or a synonym for a female dog to describe women they don't like.
From a pure business/public relations standpoint, indiscriminate cursing can be embarrassing, too -- especially when it's documented, as Goldman Sachs recently learned.
Again, why subject yourself to lawsuits if you don't have to? Delete your expletives!



Comments (6)
Read through and enter the discussion by using the form at the endMichael meeks - July 12, 2011 5:26 AM
I thought the supreme court ruled that shop talk was not punishable by a company. You can use words to describe your feelings without being laid off by your employer. Am I wrong?
Robin E. Shea - July 12, 2011 1:50 PM
Hi, Michael. I'm not sure which Supreme Court case you are referring to. Generally, an employer has the right to impose standards of behavior in the workplace and can take action against employees who don't conform. (If the employer has a union, the standards would have to be bargained over.)
I've never heard of an employer banning all cussing and don't think that would be realistic, but extremely vulgar language and abusive language directed at another person are normally considered to be legitimate grounds for termination.
Anonymous - December 4, 2012 12:02 PM
Is is legal for my boss to curse at me? We had a small argument that quickly escalated into a screaming match that he used as an opportunity to state 'you're a loser that lives at home with your parents, you're not qualified to answer any question other than "Can I get you anything else?".' at which point I retorted, there are many things I could throw in your face, but I would never because it's inappropriate. He ended the conversation colorfully with *STFU* you stupid *female dog*.
\
So I'm not a rocket scientist but I could swear I have rights. I only took this job because it's a gas station that pays me 9.50 per hour... how could I go wrong? well, I guess I found all the wrong I could ever look for.
Please tell me I have some recourse.
Robin E. Shea - December 5, 2012 5:59 AM
I can't give legal advice on this blog, but here is my two cents: Generally, what your boss did was extremely rude but probably not illegal. There is no law that I am aware of that makes it illegal for a boss to start cursing in the context of an argument with an employee. You could see whether there is a law in your home state, but I doubt that there will be.
Since you probably don't have any legal recourse, your best solution is may be to go to your employer's Human Resources representative and report what happened. If the boss was this way with you, he may have behaved this way with others, and for all you know, they may have even received other complaints about him and had talked to him in the past about it. Employers do not want supervisors to talk to their employees this way! If HR can verify your complaint, they may discipline him (at least), require him to get some training that will help him behave in a more constructive way in the future, or -- especially if he's a repeat offender and your complaint is the last straw -- terminate his employment.
Good luck, and thanks for writing.
Betty - February 22, 2013 2:36 PM
IF you boss will not listen to your concerns about a work schedule, and automatically comes in with....
using this quote: and I DO NOT use this language anywhere!.... "do you fucking want to work? if so work the scheduled hours".....
This as far as I'm concerned, is harrassment...but I want to know legally, before I persure further measures.
Robin E. Shea - March 1, 2013 7:56 AM
Hi, Betty. Your boss's language is certainly rude, but this would not be considered "unlawful harassment" under any law that I'm aware of. Your best bet may be to talk to someone in your employer's Human Resources department, and they might be willing to counsel him about being more courteous to his employees (or, at least, not using the "F" word). Most companies discourage this type of talk because they want to maintain a harmonious workplace. But he hasn't done anything illegal.