Legal Question in Employment Law in Illinois

i am a male and own a small business and occassionally use the f word in meetings, mostly with other men. is that a potential legal issue


Asked on 2/04/10, 2:29 pm

1 Answer from Attorneys

Problem is more the word I'd use than issue, and you're being a bit "coy". Technically it's just not exactly the kind of language a business owner might want to use casually just because it's not a really inspiring example of professionalism (no matter what kind of business it is). And you say "mostly" so it apparently can be in front of women. If using the word is all it is, and you're on your private property, you have not affirmatively violated any legal principles I can think of. But if you have an employee manual, or any kind of written contract with any of your employees, or this is a union shop with union rules, use of the word might violate the employee manual or undermine it if management can use it but employees not, or it could violate a union rule (not necessarily about swearing per se but about potential harassment). Check your own employment application form too -- sometimes these forms contain prospective company rules that could address the issue and you may not even remember. Then again if you link the word as an adjective with certain nouns...you could be setting yourself up for some legal problems. While again language may not per se be the problem, an employee might just anonymously seek out advice from a governmental oversight agency as to whether this constitutes some kind of harassment or creation of a hostile workplace. Which is not to say that simply suggestive language can't do that too, but again as a business owner with something to protect, you shouldn't want to risk it over the "F" word. Now please note most employees (yourself included if you think back) don't like to rock the boat and put up with a lot of things from employers that technically they shouldn't have to in an "ideal world", but again the issue is perception and that there's no guaranty an employee might find it offensive enough to take some legal steps that even if exonerate you, just make problems. Does that help?

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Answered on 2/13/10, 12:45 pm


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