is it discrimination when an employer fires you for foul lanuage when others use it and are not?

Question

i made a statement in a private conversation someone overheard, went back and reported what i said. and i was fired, however foul language is used quiet regularly, especially my one of the leads in front of everyone

Answer 1

Discrimination occurs ONLY when a member of a PROTECTED CLASS is treated differently because of membership in that protected class. One becomes a member of a protected class based on race, sex, ethnicity, age, disability, and offshoots of these (pregnancy, etc.). So that means that if you are a female, for example, and were fired for using profane language but males used it openly and were not fired, then PERHAPS you have a discrimination case. Merely applying a policy randomly or haphazardly does NOT amount to discrimination.

Answer 2

It depends on where you live, but in so-called "right to work" states in the US, you can be fired for any reason that doesn't violate federal laws (essentially race or sex discrimination). So in those places, there's no expectation of equitable treatment in the workplace. Similarly, your employer could promote whomever they like for whatever reason they like, including non-work related reasons (that don't constitute harassment).

If you are/were a member of a union, you might have specific rights that articulate circumstances under which you have an expectation of equitable treatment.

My guess, however, is that the employer simply felt it was easier to fire you than to placate the other (complaining) employee. Protect yourself in the future, and don't use swear words in the workplace, ever. Swear words can form the basis of sexual harassment charges as well, whether they're of a sexual nature or not.

Answer 3

Foul language has no place in the work place. You got caught. And obviously someone wanted you out and you gave them that opportunity.