Harassment by a Coworker

[sunshinekeeper]

My question involves labor and employment law for the state of: Texas
A worker used vulgar language in front of me and another co-worker that disgusted both of us. When I addressed it to him and told him it was offensive, he repeated the vulgarity loudly, then proceeded to walk over and told us we needed to get over it. When I brought it to a mangers attention and corporate. The other workers found out and I was told I needed to lower my standards at work because that is how they speak to each other. I feel very uncomfortable around this person at work and no disciplinary action was taken with him. What are my legal right regarding this because it was not handled in a professional way, and it continues to happen at work.

[cyjeff]

Okay... you say you were offended.

What was said? No, I am not being nosey.

Unless the things said were in direct violation of law, it may just be something you have to get over.

For instance, if he dropped the "F-bomb" as a curse, you really have no right to tell him how to speak. If your boss doesn't think it is inappropriate, it isn't.

Put another way... you don't get to dictate how other people speak unless it is in violation of law.

[sunshinekeeper]

I am not trying to dictate, but I think that people should use appropriate language and especially when it is reffering to a woman in a derogatory way, I do have an issue with it.

[aaron]

How is this sexual harassment? If the worker's actions could in any way be construed as sexual harassment, it's difficult for me to believe your supervisor would have been that cavalier.

[sunshinekeeper]

I find it offensive in the sense that I am female, and a christian. Not to mention after I asked him politely to stop the fact that he said it again and walked over to us and told us to get over it... shows me that he had little regard for the fact that we both found it offensive as women. He mad a comment using the a word that describes a woman's anatomy.

[cyjeff]

I find it offensive in the sense that I am female, and a christian. Not to mention after I asked him politely to stop the fact that he said it again and walked over to us and told us to get over it... shows me that he had little regard for the fact that we both found it offensive as women. He mad a comment using the a word that describes a woman's anatomy.

did you tell your manager exactly what was said? Has it been said again?

[sunshinekeeper]

Yes I did tell my manger what was said as well as corporate. He even admitted to it. It has not been said at work but they told people to watch what was being said at work. So if someone says something offensive or curses, a manger will say watch your mouth and they will look directly over at me. Honestly I feel uncomfortable at work and do not like being around this gentleman. I had also told my manager that I was sexually assaulted in the past and this is why I have zero tolerance for what was said and how he reacted.

[cyjeff]

Okay... so you reported the person saying it and that person was told to never say it again AND it hasn't been said again.

That is all the law requires. That IS considered disciplinary action.

I don't understand what you wanted to happen. The behavior stopped. If you are requiring that manager fire the other person or make you comfortable, that is more than what the law requires.

[ESteele]

The question here turns on context.

If, as the original poster suggested, her co-worker repeatedly refers to women in a “derogatory way,” then management has to step up to plate and take effective actions to have him stop. It would not be sufficient for management to speak to this fellow once and he continues to do the same thing over and over again. If he persists in demeaning women in general or these women at work specifically and management fails to curtail his offensive commentary, then the company could find itself liable for hostile environment sexual harassment.

On the other hand, if this fellow simply “curses like a stevedore” in general and such coarse speech does not denigrate women, then his comments would not likely violate the anti-discrimination statutes prohibiting sexual harassment. These statutes do not require that all workplaces exhibit decorum. These laws require that employers not tolerate a hostile environment based on an invidious consideration such as gender.

Of course, if he only curses at women, neither he nor the company can escape liablity by claiming his blue comments are not gender specific. If he remains civil with the men but is consistently rude with the women, his behavior could also constitute harassment even if he is utilizing “garden variety,” generally neutral cuss words.