The problem is that some people use profanity as part of their everyday language, and others find it offensive. For some companies the answer is simple: Leave the potty mouth at home. Last year, Goldman Sachs banned the use of profanity in emails after an executive's use of a swear word in an email was highlighted during a congressional hearing. Goldman wasn't the first though-Citigroup and J.P. Morgan already had similar policies in place.
But that approach is far from universal. A 2007 study by researchers at the University of East Anglia in England found that swearing at work can be beneficial. The study, Swearing at Work and Permissive Leadership Culture: When anti-social becomes social and incivility is acceptable, shows while employees often swear, it's not around customers and it's not necessarily in a negative or abusive manner. According to the study, swearing can reinforce solidarity among staff and enable people to express feelings like frustration. However, the authors stress that abusive and offensive swearing should be eliminated where it generates greater levels of stress, rather than helping to relieve it.
The Legalities of Cursing
Before letting the four-letter zingers fly, though, there are considerations. It can be a slippery slope, and companies should be concerned when swearing becomes abusive.
Every company is required to have a sexual harassment policy. To the extent that swearing becomes sexual, it's a problem. Offensive language can set up a sexual harassment claim or hostile work environment complaint, says Jason R. Major, an attorney with Douglas, Leonard & Garvey, P.C. in Concord. It comes down to context. If you bang into a desk, it's natural for someone to have a quick expletive. And if you know someone is sensitive about profanity, respect that. You need to know your audience, Major says.
When it comes to sexual harassment or discrimination, the law is clear. If the swearing is being directed at someone and done to offend them, the company has an obligation to investigate and take measures to make sure that behavior comes to a quick and decisive halt, Major says.
Numerous larger employers are following in the steps of Goldman Sachs and putting no profanity policies in place, especially in regards to email, says Debra Weiss Ford, a managing partner in the Portsmouth office of Jackson Lewis.
But companies do not have to go that far. It can be dealt with in general policies that the employer has. It's impossible to prohibit all swearing in the workplace, she says. The key is preventing it from becoming abusive, says Ford, as that can not only lead to a discrimination or harassment complaint, but also spark violence in the workplace. A verbal attack can spark a physical response, she says.
Managing the Cursing
While human resource managers may agree that swearing at work is unacceptable, having a policy on swearing may be overkill, says Tonya Rochette, vice president of HR solutions with Human Resources Partners, LLC, which has offices in Dover and Concord. Rochette says keeping on top of the issue and issuing a verbal warning when needed generally does the trick. If you ignore it, but are aware of it, you are in a sense condoning it, Rochette says. If someone is made to feel uncomfortable in the workplace and the manager chooses to ignore it, you could have a costly lawsuit.
But what if the boss swears like a sailor? The role of the [human resources] person is to help the management team protect themselves from themselves, Rochette says. She advises having a code of conduct and providing management training, which is often effective at preventing such behavior in the workplace.
It all comes down to workplace culture, the context of the use of profane language and active involvement by management, Major says. If management has a handle on that, you can have certain level of workplace swearing. You just have to know where to draw the line, he says.
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