labor lawAdivision of labor law center

A recent court case highlights the necessity for employers to eliminate gender-specific vulgarity from the workplace. While some employers may still choose to allow swearing at work, language that is defamatory towards any sex or racial group should be forbidden, even if it does not target any one individual.

In a case involving trucking company C. H. Robinson Worldwide Inc., sales rep Ingrid Reeves complained repeatedly to upper management about the pervasive use of crude and derogatory terms for women, including female co-workers, clients and women in general. She was also exposed daily to a radio program that was vulgar and made derogatory statements about women.  Reeves objected almost daily to her coworkers about their conduct, first in person and then by email.

As the only female Transportation Sales Rep, Reeves worked in an open cubical floor plan at C.H. Robinson with men who viewed porn in full sight of her and their supervisors.

Reeves complained to the branch manager, whose conduct was similarly vulgar. He claims to have discussed her complaints with the male workers, but acknowledges that no change in their actions occurred.

In the initial ruling, a lower court determined that vulgar, offensive language in itself is not sex discrimination. On appeal, the 11^th U.S. Circuit Court of Appeals agreed, but found that pervasive sexually offensive language, especially denigrating women, created a hostile work environment for a female.

The federal court in Alabama had previously ruled that sex-specific profanity is more degrading to women then to men.

In an important ruling for the workplace, (more…)