Is it against the law to curse at an employee

Asked 11 months ago - Rialto, CA

Is it against the law to curse at an employee

Attorney answers (3)

  1. David Herman Hirsch

    Contributor Level 20

    5

    Lawyers agree

    Answered . Generally, no. Improper conduct against an employee has to be based upon some type of protected conduct or classification (i.e. race, sex, age, national origin, etc). While cursing at an employee may be rude and inappropriate, it is not illegal...

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  2. Michael Robert Kirschbaum

    Contributor Level 20

    3

    Lawyers agree

    Answered . No. If cursing at employees were illegal, half the companies in California would be sued. Of course, there are some words which can never be used because of their racial or sexual offensiveness. It often depends on the context.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  3. Neil Pedersen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Generally there is no law that makes it unlawful to curse at an employee. However, there are some limits.

    First, if the cursing takes on a sexual tone, regardless of whether the gender of the employee is the same or opposite of the boss or coworker, the cursing can, when it reaches the level that one would call it severe or pervasive, constitute sexual harassment. Remember that same sex harassment is a viable theory under the law, and constantly pummeling a same sex employee with curses that have a sexual content might be harassment, even if there is no desire to have sex with that person.

    Second, if the cursing is directed at only targeted persons of a particular protected class, or only at people who have engaged in some form of legally protected conduct, then it is unlawful.

    Third, if the cursing rises to such a level that the employee becomes so stressed out that they become disabled from performing their job, the employer can still be the subject of a workers compensation claim.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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