Don't Let Profanity Put Your Business At Risk

Is workplace profanity really that big of a deal? Yes, it is. Just as airlines have recently seen an uptick in abusive language and behavior onboard flights, some workplaces have seen a rise in vulgar and inappropriate language in today's very divisive cultural climate. The problem presents a huge threat to employers, who could be at higher risk of poor morale, lower employee retention and a higher number of lawsuits filed against them. It can also hurt your reputation in the marketplace and your employer brand.

If your company doesn't have a specific policy against vulgar and abusive language, add one to your employee handbook as soon as possible. The policy should stand right alongside those you presumably already have in place against sexual harassment and discrimination.

Many people believe that a general coarsening of society — demonstrated by the rising use of formerly prohibited language on television, in films and music — is partly to blame for the increase in vulgar language at work. Regardless of the cause, taking steps to avoid the pitfalls is clearly warranted.

When writing your policy, you need to ban two major categories of words:

Simply prohibiting sexual harassment and discrimination in your employee handbook is insufficient. Although those policies may address vulgar or obscene language, many companies find that the guidelines fail to adequately cover the potential problems linked to inappropriate language.

For example, when bad language is pervasive, it can create an uncomfortable, hostile or intimidating work environment. In turn, this exposes your business to accusations of harassment and discrimination, as well as expensive, time-consuming and needless litigation.

Take the proactive step of setting up a formal policy that outlines both prohibited language and the disciplinary measures that will be taken. This can preempt potential lawsuits and strengthen your company's position if legal action is taken.

But you must enforce the policy. Make it clear that offensive language won't be tolerated. Failing to do so can make a business seem indifferent to employee concerns and less sympathetic to a jury if a complaint gets that far. Beyond the legal threat, claims of harassment or discrimination require time and energy to investigate and often lead to negative publicity.

Call it a cliche, but words do matter. When language in a workplace is allowed fall below commonly held professional standards, any number of negative consequences can follow. By taking a stand against profanity, you'll protect yourself legally and contribute to a better working environment for everyone.

But What About Free Speech?

A strong policy against the use of vulgar language has little down side in the private sector.

The First Amendment does limit actions taken by the government to restrict free speech, but it doesn't come into play with private employers.

Although it's common to talk about First Amendment rights in the workplace, the Constitution doesn't address such situations. Be sure to inform your employees of this simple truth if the topic comes up.

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