Legal Question in Sexual Harassment in California
Name Calling On The Job
Recently, it was brought to my attention, that one of my co-workers had told at least one other co-worker that I am ''retarded'' (I'm not). The co-worker she told was very upset over being told this (we carpool together), and went to our supervisor who called the offending co-worker into her office and told her to stop it. It should be noted that I was told that this wasn't the first time that the offending co-worker has insulted me behind my back.
I know that if a business fails to provide a workplace free of sexual harassment for its employees they can be sued. I'm not looking to sue, but for my own clarification, does this apply to a company which allows name-calling by employees?
2 Answers from Attorneys
Re: Name Calling On The Job
Probably not illegal, but should be a violation of company policies regarding personal conduct.
Re: Name Calling On The Job
Hello.
There are distinct and subtle differences in connection with the various forms of harassment, workplace harassment and workplace discrimination whether based on sex, sexual preference or otherwise.
All kidding aside, since you are not retarded, there is no discrimination claim.
Nonetheless, if this unconfortable aura at the workplace persists, it can rise to an actionable claim for your damages or injuries arising from a so-called "hostile work environment" otherwise commonly called a toxic workplace. Your facts do not give rise to such an environmental claim.
You could approach the supervisor and make a formal complaint for being harassed, but oftentimes, employers have no humor and punish the injured party. Be careful, beware.
Sincerely,
Mark Mitchell Geyer
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