In recent news, a mayoral candidate was caught on tape berating and swearing at employees regarding their performance. Her actions raised questions about what is and is not acceptable treatment between an employer and their employee.
While federal law does not explicitly prohibit the use of foul language in the workplace, reporting your manager to human resources for violating company guidelines is still an option if your employer has a policy against it. It's important to note that yelling at an employee sporadically does not necessarily constitute bullying, as bullying typically involves repeated and unreasonable actions that cause distress or intimidation. However, if you are a member of a protected class, the situation may be different. If your boss targets you for yelling or using offensive language based on your race, religion, nationality, disability, gender, age, or other protected categories, it qualifies as discrimination. Discrimination of this nature is illegal under state and federal laws.
Verbal abuse in the workplace can come in a variety of forms, including:
- Blaming: Making the victim believe they are to blame for the abusive behavior or that they have brought the verbal abuse upon themselves is known as blaming.
- Criticism: When criticism is not constructive but rather intentional and harmful, it is verbal abuse. In such situations, harsh and persistent words are used to make a person feel awful about themselves.
- Gaslighting: An insidious and sometimes subtle kind of emotional abuse in which the abuser causes the victim to doubt their own judgments and reality.
- Judging: Looking down on the victim, refusing to accept them for who they are, or holding them to unattainable standards are all examples of judging.
- Name-calling: Abuse, insulting language, or insults that erode the target's self-esteem, sense of self-worth, and self-concept are known as name-calling.
- Threatening: Threats are remarks intended to scare, control, or manipulate the target into complying. "Talking to you," "looking at you," or "even being in the same room with you" are all examples of verbal abuse used in the workplace or outside.
When verbal abuse is very severe, it might affect people's ability to regard themselves as successful in any field. Those who were verbally abused as children may feel worthless as adults and have trouble trusting people or controlling their emotions. If your boss directs offensive and derogatory language towards you, specifically targeting your race, sex, age, sexual orientation, national origin, disability, or in retaliation for filing a prior complaint, the use of such foul language will be regarded as an explicit act of discrimination based on these protected characteristics.
What Constitutes an Abusive or Hostile Workplace?
When discussing abusive conduct in the workplace, it is crucial to understand what it entails and how it can impact individuals. Abusive conduct refers to unwarranted behavior or unjustified aggression intended to harass, coerce, demean, humiliate, intimidate, or threaten others. It can manifest in various ways, such as physical violence, derogatory remarks, verbal abuse, sexual harassment, sabotage, and emotional manipulation.
Here are some key points to consider regarding abusive conduct:
- Abusive conduct can be spontaneous or planned and may persist over extended periods.
- A desire for power often drives workplace bullying or to create a hostile work environment.
- The effects of abusive behavior can be long-lasting, leading to emotional and psychological trauma, including post-traumatic stress disorder.
- It's important to distinguish between isolated disagreements or raised voices in anger, which typically don't constitute abusive conduct and prolonged patterns of egregious behavior that do cross the line into abuse.
Recognizing and addressing abusive conduct in the workplace is essential for maintaining a healthy and respectful work environment. By understanding the signs and consequences, individuals and organizations can take proactive steps to prevent and mitigate such behavior. You deserve a work environment that is fair, equal, and free from unlawful harassment. A hostile work environment arises when discriminatory intimidation, ridicule, or insult becomes so severe or pervasive that it interferes with your ability to perform your job effectively. This type of environment is considered "abusive" and goes against federal and Tennessee employment laws.
Here are the protected classes for workers in Tennessee:
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
- Age (40 and up)
- Genetic information
To take legal action against a hostile work environment, the harassment must be based on one of the protected classes mentioned above. While rude, inappropriate, abrasive, or bullying behavior by a boss or coworker may be distressing, it is generally legal unless it targets an employee's protected class. For instance, if a boss belittles all employees equally, it may not be actionable. However, unfair treatment, such as mean or unkind bosses, bad management, personality conflicts, or favoritism, is generally legal unless it can be established that the different treatment is based on a legally protected class. If you believe you are facing a hostile work environment, our experienced employment attorneys can work with you to ensure your rights are protected.
Proving a Hostile or Abusive Work Environment Claim Can Be Challenging
Proving a hostile or abusive work environment claim can be challenging, requiring specific elements to establish the claim's validity. To successfully prove such a claim, it is crucial to demonstrate that the harassment is based on your protected class and that it creates an abusive work environment by significantly interfering with your job.
Here are important considerations when proving a hostile work environment claim:
· Pervasive Harassment: The harassment must be frequent and recurring, occurring over an extended period of time and based on your protected class. It should not be limited to isolated incidents or sporadic remarks spread out over months or years.
· Severe Harassment: The severity of harassment can be determined by various factors, including:
o Physical threats, unwanted touching, or the use of highly offensive slurs or insults targeting a protected class.
o Physically humiliating, demeaning, or ridiculing actions.
o Disrupting your ability to work effectively.
o Interfering with your career progress, such as being denied a promotion.
· Not Considered Severe: While rude and obnoxious, certain behaviors may not be considered severe in the context of a hostile work environment claim. These include simple teasing, offhand comments, talking, chewing, or burping, as they are generally legal but still disrespectful.
Navigating employment legal claims can be complex, and discussing your potential claims with an experienced employment lawyer who can provide guidance and support is highly recommended.
Don't Let Time Slip Away: Act Now to Protect Your Rights
When it comes to hostile work environment claims, timing is crucial. Statutes of limitations impose strict deadlines, and missing them can leave you barred from pursuing your employment law claims in court. In many harassment cases, you may have as little as 300 days to file a complaint with the EEOC. If you've endured an abusive or hostile work environment, don't hesitate to take action. Reach out to the dedicated attorneys at Donati Law, PLLC, today to schedule a consultation and protect your rights. Our team is ready to listen, provide guidance, and fight for the justice you deserve.
Call [F:P:Sub:Phone] now to schedule a consultation and discuss your legal situation. Remember, time is of the essence, so act swiftly to ensure your voice is heard.