Watch Your Language at Work To Avoid Sexual Harassment

This content contains sensitive subject matter related to sexual misconduct in the workplace. 

Employers cannot discriminate against workers based on sex, gender, or sexual orientation. If employers are aware of employees discriminating against other workers, they have to take action. Sexual harassment can involve inappropriate touching. It can also include vulgar language without physical contact.

Vulgar language or sexual comments in the workplace can amount to sexual harassment. Sexual harassment and discrimination laws vary by state. If you have questions about workplace harassment in your state, contact a local employment lawyer for legal advice.

What Is Sexual Harassment?

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a protected class. Protected classes include national origin, race, and sex. Sexual harassment is a type of sex discrimination. Federal laws give workers a way to seek civil damages for sexual harassment in the workplace.

Employers are liable for failing to stop harassment at work. Quid pro quo harassment involves a supervisor offering benefits in exchange for sexual favors. Sexual harassment can also relate to a hostile work environment. A hostile work environment is a workplace where harassing conduct makes it difficult to do your job.

Some language-only examples of harassing conduct include offensive jokes, slurs against workers based on sex, or threats of sexual violence. If it is enough to create an abusive workplace, words alone can constitute harassment.

Can Profanity Be Sexual Harassment?

In 2010, the 11th U.S. Circuit Court of Appeals found that the regular use of sexually charged profanity in the workplace constituted sexual harassment. In Reeves v. C.H. Robinson Worldwide, the court found that words alone, without inappropriate touching, may be enough to constitute sexual harassment.

The words don’t have to be directed at one individual. In the Reeves case, the co-workers referred to women as a group in a derogatory way by using profanity that referred to females.

How Does Language Create a Hostile Work Environment?

Sexual harassment can also occur when the harassing language creates a hostile environment for employees. Your employer is liable for sexual harassment at work if they fail to take action. To be liable, your employer knew or should have known about the unwelcome or offensive conduct.

A sexual harassment claim can happen with a single incident if it is severe enough to create a hostile workplace. However, most sexual harassment claims involve less severe incidents over a period of time. A single offensive comment may not be enough for a hostile work environment. However, repeated sexual comments after it is clear it is unwelcome could become pervasive.

For example, the consistent use of derogatory words about female employees can create a hostile work environment. 

Does Sexual Harassment Always Involve Offensive Language?

Sexual harassment does not require offensive language. Even the most polite language can constitute harassment. Unwanted and persistent comments about sexual situations or someone’s sexual orientation can amount to harassment. Even if you don’t intend to offend someone, it is best to keep offensive jokes out of the workplace.

Will Profanity Always Lead to Sexual Harassment Claims?

The occasional use of a bad word that is not gender-specific is generally not enough for a sexual harassment claim. For example, if you use a curse word when frustrated, it is unlikely to become a sexual harassment case. Profanity alone is not enough for a discrimination claim.

According to the U.S. Equal Employment Opportunity Commission (EEOC), verbal conduct that does not discriminate on the basis of sex or of a sexual nature is not sexual harassment. However, making comments in the presence of only one sex could be sex discrimination. Vulgar language directed toward only members of one sex could be sex discrimination.

How Can an Employment Law Attorney Help With Sexual Harassment Claims?

Sexual harassment often goes unreported because victims may think that it is just part of the job or they don’t have any concrete proof. However, pervasive conduct that makes it difficult to do your job is harassment, even if it only involves offensive language.

If you feel harassed at your job because of derogatory comments and your employer doesn’t do anything about it, you could have a sexual harassment claim. Talk to an employment lawyer about your legal options for a sexual harassment case. A lawyer can examine your situation and advise you about the best way to proceed.