What exactly is considered "abuse" in the workplace?

Question

A co-worker told me that sexual abuse has many defenitions and that an employer cussing at an employee can also be considered sexual abuse, even though it has nothing to do with sex.

Are there laws that protect an employee from verbal abuse? Like their boss yelling and cussing at them.

I know each state is probably a little different. I am in Texas.
MY boss yells and cusses at me on a regular basis. I put up with it, hoping he will change and also because I live in such a rural area, I would have to change my daughters childcare if I were to go to a different city to work in this same field, and she has a great babysitter and I don't want to remove her from there.

Answer 1

Well, there is plain old abuse and then there is sexual abuse. You are clearly being abused...no human being should have to be called names or sworn at at work. If you're doing something wrong, I'm sure there are work place avenues to train and/or admonish you that do NOT involve being shouted at.

Additionally, it's true...if your boss is treating YOU in a manner in which he would never treat one of your male co-workers then it DOES indeed count as sexual harrassment. Contrary to popular opinion, sexual harrassment doesn't necessarily involve off-colored jokes in the work place. Anything that makes the environment hostile/uncomfortable for you BECAUSE you are a woman falls under sexual harrassment laws.

So the answer is a hearty "YES" there ARE laws that protect you from this kind of nonsense...they may or may not be sexual harrassment laws, depending on if your boss treats everyone equally lousy or if he reserves this abuse only for women.

In either case, the first thing I would do is put my complaint in writing for evidence. Write a memo to your boss, very friendly, explaining that you wish to come up with other ways of managing "constructive criticism" other than shouting and swearing which you feel is inappropriate and creating a threatening work place. Make sure it's dated. If it doesn't stop, write another memo (also dated on the next day of abuse) indicating that you requested the swearing stop and it hasn't.

I wouldn't threaten to get an attorney or be overly harsh...I mean, I understand that you want to KEEP your job. But I would definitely do SOMETHING to put your foot down. What he's doing is absolutely against the law in EVERY state and you do have protection from it. He should be made aware of that fact.

Someone above mentions talking to HIS boss and that is probably a very good idea. Try going over his head and enlisting the help of others who might be sympathetic.

Answer 2

I just got 'violated' (rec'd a violation and 2 appeals turned down without any explanation whatsoever) for a recent Q, which appears to be because it was 'chat'. When I posted a Q about it, which is up now, and I'm off after I answer here to pick a BA, it appears that the definition of 'chatting' is very fluid on YA, and YA is mostly just 'policed' by us members and computer generated replies from YA. One top contributor who responded to my Q about this, said that if the words, I, me, my, you, etc. are used then it's not a Q looking for information (called a 'sincere question' by another top contributor) 90% of the time, and if it can't be rewritten to exclude those words then 99% of the time it's chat (meaning, I believe, that if it can't be reworded then it most likely IS chat). Since I am top contributor (for the moment) in R&S and not in a tech section, from that definition above, it appears that almost all of the R&S section is totally nothing but 'chat' (asking for opinion or 'soliciting' something - like a prayer request). This is a free forum and it has rules and regulations. I prefer to follow the playground rules. I reread the YA Rules of Conduct [ROC]and Community Guidelines [CG] at least once a week, and I still am apparantly not clear on this definition and how it is applied here on YA, mostly because I watch how top contributors word their Qs and As, and I also go by what Qs and As I've read that are still up - and both of these groups have wording that is considered 'chat'. When I tried to shift to an impersonal style of answering on the R&S section, it just didn't work at all for me. So we will practice together getting better at not 'chatting' on YA, and then those pesky violations will vaporize. Don't know how or if this helps, but I must say I truly appreciate your Q. :)

Answer 3

Harrassment nowadays isn't just sexual. There is a type of harrassment known as "hostile environment." The cussing and yelling would classify as this if it makes you uncomfortable.

In order to seek legal action, you do have to confront him about it. You need to tell him that it bothers you, and you need to give it a little time to see if it stops. If it doesn't, then you can seek legal action. But be prepared to explain why it took a while for you to speak up (not knowing that it was a form of harrassment is a valid reason).

However, ask yourself if you want to continue working with an employer that you have sued. He can't fire you for taking him to court about the harrassment, but that doesn't mean your work environment will be friendly. And if you don't work there, where will you go?

I also live in a rural area, and I understand that sometimes the way things should be aren't always the way things have to be. If I were in your situation, I would ask him to stop talking to you like that. But then I would ask if I really want to seek legal action if he doesn't stop.

Answer 4

With all the privileges and advantages that feminism has given women, you can nail this guy to the wall. Whether he has done anything wrong or not, you can accuse him and make his life hell without really ever doing too much yourself. Remember, in US courts, men will always be held as the perpetrator and women the victims.

Your on the right track in terms of trying your best to see if it is sexual harassment in nature. This gives added weight to the situation /your cause since courts and companies will want to be seen as being very proactive in terms of tackling discrimination, much more so than when men are the victims.

Talk to a good lawyer, preferably female. They will guide you on how to get this guy. Also, just filing a restraining order will really damage his personal reputation as a restraining order does not require any evidence at all and their will be no backlash on you. It will take him up to 90 days to challenge it, if he is allowed too.

Remember, when women give false testimony, just like the Duke Lacrosse case, there is no fear of any kind of backlash from the system. You will be well protected and free from any kind of false accusation laws due to your gender.

Good luck!

Answer 5

The most honest answer I can give you is to look up on the web and see if your home state has a labor board website. Then see if they have it broke up into counties or cities or districts. They usually have the definitions of what constitutes "harassment" whether it's sexual or not. They should also have links for for reporting abuse. Also if you work for a large company call the "home office" if there is one, and speak to someone in personnel, usually you can speak to them without giving your name. I am not sure if it is wise to continue to work in this type of environment, but I do understand your situation. Is there anyone else at your work place that suffers from this type of treatment also? You may want to talk to them also as they can collaborate your claim. Good Luck!

Answer 6

Tough situation. But even if there is a law penalizing verbal abuse, you would still be in a very uncomfortable situation if you filed a complaint. I never read about a peaceful end to a complaint. An abusing guy wouldn't want to let you get away with it. Is there a female mentor you could talk to?

Answer 7

The conditions you describe are abusive and may constitute harassment in the workplace.
Yes, you may report him for these actions.
See the links below.
In my view this is more akin to a hostile work environment than sexual abuse. Either way it is not pleasant and you do not have to endure it.
Good Luck.

Answer 8

Yelling may or may not be verbal abuse. Swearing could be illegal abuse, if the words delve into religious areas (G** d**n) or sexual ones, such as b**ch, or the F-bomb. It actually hurts your case as far as discrimination if he does the same behavior towards men as well.

Answer 9

If it constitutes harassment (meaning you ask him to stop and he doesn't) then you can file charges against him.

The best idea is to mention it to him. If he doesn't respond or only yells louder at you for mentioning it, try his boss. If that doesn't work out, it's your call if you want to make a case of it.

Answer 10

http://www.verbalabuse.com/7.shtml