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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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My boss constantly use profanity on me! What should I do?

Customer Question

my boss constantly use profanity on me ! What should I do ?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full-time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I Apply for kitchen manager and now he wants me to clean tables and cook !! 15 hours a day with no break and no lunch
Submitted: 1 month ago.
Category: Employment Law
Expert:  RobertJDFL replied 1 month ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 1 month ago.

Is your employer discriminating against you on the basis of your race, religion, age (if over 40), sex, religion or national origin? Have you reported his comments to anyone?

Customer: replied 1 month ago.
No
Customer: replied 1 month ago.
My coworker see that
Customer: replied 1 month ago.
asked me why I let him do that because I am a father of four and I need to job
Customer: replied 1 month ago.
I'm 44 Hispanic and yes he is discriminating against me!
Expert:  RobertJDFL replied 1 month ago.

Thank you for your patience.

Unfortunately, as the Supreme Court has noted, the law is not, in their words "a civility code." That is to say, while it is illegal for an employer to discriminate on the basis of things like your race, religion, age (if over 40), sex, disability or national origin, it is not illegal for them to act unprofessionally, or be rude or mean. Therefore, from a legal standpoint, while your boss uses profanity against you, and it's certainly rude and unprofessional and in poor taste, it's not illegal.

If you work for a large chain restaurant, you can (and should) report the matter to human resources or to your boss's immediate supervisor. If you work somewhere where your boss is the top person, you really unfortunately have two choices then -confront them directly and try to make clear that you won't stand for it or look for another job.

Using profanity, by itself is not evidence of discrimination. Now, if they truly are discriminating against you - treating you differently than other employees -such as denying you perks or benefits, keeping you out of employee meetings, giving you all negative reviews while everyone else gets positive reviews, making comments directly about your age or race, etc. and you believe you are being treated differently specifically because of your age or race, then you need to file a complaint with the Equal Employment Opportunity Commission, or EEOC (www.eeoc.gov).

The EEOC will then investigate your complaint. Should they find evidence of discrimination they will attempt to reach a resolution with your employer directly. If they cannot find evidence of discrimination then they will issue you a "Right to Sue" letter, after which you will have 90 days from the date of the letter to bring a lawsuit against the employer.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!

Customer: replied 1 month ago.
He can be happy laughing and smiling with other people but he if I come around he gives me an attitude! Makes me do most of the labor
Expert:  RobertJDFL replied 1 month ago.

As I said, being rude by itself itself necessarily evidence of discrimination. To play devil's advocate, an employer could simply say "I just didn't like them...I don't care that they're older or a different race." Giving you more work or an unfair share of work versus other employees of different races could be seen as discriminatory.

That said, you certainly have nothing to lose by filing a complaint with the EEOC. If the employer retaliates against you for filing, that could actually give rise to a claim for discrimination by retaliation. And while, as I mentioned the EEOC often finds no evidence of discrimination, you still will have the right to sue letter and could bring your own suit.

Expert:  RobertJDFL replied 1 month ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLYand I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page. Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you.