Legal Question in Employment Law in Washington

name calling at the workplace

Is it legal for someone to call you stupid at work?


Asked on 5/14/09, 6:32 pm

1 Answer from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Re: name calling at the workplace

It is not illegal for someone to call you stupid at work, unless they are doing it for an illegal reason, such as your membership in a legally protected group. Otherwise, in the interest of workplace harmony, your employer can regulate speech in the workplace. However, out of deference to the First Amendment, the government is not going to do it.

For example, calling someone a "stupid broad" strongly suggests gender discrimination. A single incident is probably not enough for a legal action, but a sustained pattern might be. Calling someone a "stupid, pain in the ass loser" is appalling management, crude, and demonstrates lack of maturity. But on the face of it, it does not appear to be rooted in an illegal discriminatory intent, so it is likely protected free speech.

Not all bad behavior finds a remedy at law, I'm afraid.

Read more
Answered on 5/14/09, 6:52 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Washington