Harassment Vs. Freedom of Speech in the Workplace

Work and harassment

The First Amendment states that all citizens are entitled to freedom of speech. However, the Supreme Court has ruled that that right is not absolute. Other laws protect us from various forms of workplace harassment. The line between freedom of speech and workplace harassment can be easily crossed, and you can find yourself in violation of the law.

Workplace Harassment

Harassment includes any action that is severe or pervasive enough to create a hostile or abusive work environment for another person. This means that the victim's work environment was negatively affected by the acts of another. Subjects that can fit the definition of harassment include sex, race, religion, handicap, sexual identity and a host of other personal topics.

Freedom of Speech

The First Amendment to the Constitution gives us the right to freedom of speech. However, when that speech offends another individual or threatens his freedom, it is considered to be harassment.

Time and Place

There are things that we say among family and friends that may not be acceptable to say to strangers or coworkers. Beware of the content of your conversations while on the phone at work if other employees can overhear you.

Workplace Rules

Employers can be sued for incidents of workplace harassment, even if one individual was at fault. Many businesses have their own rules in place to prevent harassment.

Conversation Adjustments

In order to stay out of trouble at work or with others, refrain from using any derogatory terms that may make someone feel threatened, vulnerable or excluded. If you are unsure, don't risk it.

References

• Hostile Work Environment
• Harrassment Law and Free Speech Doctrine
• Civics Glossary