Working World

There is a great deal of swearing and vulgar language in our office, both from management and staffers. I find it offensive, but I can see from popular culture that there is a lot of vulgarity out there these days. Does this constitute a hostile workplace? Could someone sue over this?  

Hostile work environment claims usually arise in the context of sexual harassment. Thus, if the swearing and vulgar language you describe has sexual content or overtones, the company may well be at risk of being sued. To establish a case for hostile environment sexual harassment, the plaintiff must show:  

• He or she was subjected to unwelcome sexual advances, conduct or comments;

• The harassment was so severe, widespread or persistent that a reasonable person in the plaintiff’s circumstances would consider the work environment to be hostile or abusive;

• A supervisor who was involved in the unwelcome conduct or management knew or should have known about the offending conduct;

• And the offending conduct was a substantial factor in causing the plaintiff harm.

In a similar vein, hostile work environment claims may be based not only on sex, but also on race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition (i.e. cancer or HIV status), age or sexual orientation. Again, whether a hostile work environment exists is based on the reasonable perception of people in the protected group.

Courts have recognized that words or conduct that appear innocent to nonmembers of the group may be perceived as abusive by members of the targeted group. Thus, if stereotyping on the basis of any of these protected characteristics is part of the swearing and foul language, the company could be at risk on that basis as well.

If you or any employee is offended by the conduct, then you should, if possible, use the company’s internal complaint procedure to address your concerns. Even if you present your case verbally, it is a good idea to also present a complaint in writing. In case of retaliation, you will avoid a dispute about whether and when you made a complaint. On a more positive note, sometimes bringing the problem to the attention of management actually works.   

Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.