My co-worker swears like a sailor can I sue her and my employer?
2 attorney answers
If her swearing is not directed at a person or group or based on a characteristic that is impermissible under the law (ie, race, color, sexual or gender-based, age, national origin, religion, disability, etc.), then her behavior has to REALLY be bad to be actionable in Texas. There is a very, very limited possibility in what has to be a highly unusual situation involving extreme conduct for a claim of intential infliction of severe mental distress. I doubt that swearing like a sailor or just having a foul mouth would be enough to support such a claim.
Hello. There is no short answer for this question. If the co-worker just uses swear words that are not directed at anyone, this is less likely to be considered discrimination against you. Your employer probably has an company handbook which probably prohibits inappropriate language. Your first step should be to review the handbook, and follow the steps in the handbook to request that management address the inappropriate language.
If the co-worker is using inappropriate language that specifically targets a group based on race, sex, age, disability, sex, gender or national origin, this is more likely to be considered discrimination under the law. You should still follow your employer's steps to bring this to the attention of management and the human resources department.