What is Verbal Harassment in the Workplace?

In any professional environment, employees should feel respected, valued, and safe. Unfortunately, verbal harassment in the workplace remains a prevalent issue that can severely affect an individual’s well-being and career. Employees who experience verbal abuse, slurs, insults, or name-calling may wonder: Can I sue for being verbally harassed? And if so, how do I report verbal abuse in the workplace? Understanding what constitutes verbal harassment and knowing your legal rights are essential for addressing and preventing this behavior. If you are experiencing verbal harassment in the workplace, a workplace discrimination lawyer can help you navigate the process of addressing verbal harassment and discrimination.

What Is Verbal Harassment?

Verbal harassment in the workplace refers to any form of abusive or offensive speech that creates a hostile or intimidating work environment. Verbal harassment often involves a pattern of harmful language meant to belittle, demean, or discriminate against a person based on their race, sex, religion, ethnicity, or other protected characteristics.

Verbal abuse can manifest in a variety of ways, including:

1. Slurs and Insults: Using offensive language or racial, ethnic, or gender-based slurs to insult or belittle someone.
2. Name-Calling: Consistently calling someone derogatory names or referring to them with harmful nicknames.
3. Criticism: Unwarranted and excessive criticism that focuses on personal attributes or traits rather than performance or job-related concerns.
4. Derogatory Remarks: Making hurtful comments about an employee’s appearance, beliefs, background, or other personal characteristics.
5. Jokes: Making inappropriate jokes or comments that target someone based on their identity, such as their race, religion, gender, or sexual orientation.
6. Ethnic or Religious Discrimination: Targeting an individual because of their ethnicity or religion through verbal abuse, such as mocking their accent, beliefs, or cultural practices.

Verbal harassment can occur between colleagues, supervisors, or even clients. The key aspect of verbal harassment is that it is repeated, intentional, and aimed at diminishing a person’s dignity and sense of belonging at work.

Intersectional Discrimination and Verbal Harassment

Intersectional discrimination occurs when an employee faces harassment that targets more than one aspect of their identity. For example, a woman of color might experience both sex discrimination and race discrimination through verbal harassment that targets her race and gender. This type of harassment can be particularly damaging, as it compounds multiple forms of bias, making it harder for the employee to navigate the workplace.

In these cases, the harassment may involve insults or slurs that target someone based on overlapping aspects of their identity, such as their race, gender, religion, or sexual orientation. Understanding intersectional discrimination is essential for recognizing how verbal harassment can operate in more subtle or complex ways, often leading to significant emotional distress and long-term damage to a person’s career.

Verbal Harassment vs. Workplace Criticism

It’s important to note that not all criticism in the workplace constitutes verbal harassment. Workplace criticism is a normal part of many job environments, especially in performance evaluations. However, there is a critical difference between constructive feedback and verbal harassment. Verbal harassment is not about constructive improvement; it is about demeaning or belittling someone in ways that are emotionally harmful or discriminatory.

For instance, a supervisor saying, “I don’t think you understand this task, maybe it’s because of your lack of experience,” is criticism. However, a supervisor making a comment like, “You’re always messing up because women can’t handle this type of work,” crosses the line into verbal harassment, specifically sex discrimination.

Can I Sue for Being Verbally Harassed?

If you are facing verbal harassment in the workplace, you may have legal grounds to pursue action. Under federal statutes, such as Title VII of the Civil Rights Act of 1964, and state statutes in New York, employees are protected from harassment based on their race, gender, religion, ethnicity, or other protected classes. Verbal harassment that creates a hostile work environment or leads to retaliatory actions against the victim could lead to claims of workplace discrimination.

To sue for being verbally harassed, it’s crucial to establish that the harassment is severe or pervasive enough to interfere with your work performance or create an intimidating or hostile environment. Documenting the harassment and reporting it to your employer can strengthen your case. Consulting a New York workplace discrimination lawyer will help ensure that you take the appropriate steps to protect your rights.

How Do I Report Verbal Abuse in the Workplace?

Reporting verbal abuse in the workplace is essential for addressing the issue and protecting your legal rights. Here are some steps to take:

1. Document the Incident: Keep a record of all incidents of verbal harassment, including dates, times, locations, and what was said. This documentation will be important if you decide to take further action.
2. Report to HR: Many companies have a procedure in place for reporting harassment. You should report the verbal abuse to your Human Resources (HR) department or a supervisor who is not involved in the harassment.
3. File a Complaint: If your employer does not address the issue, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights.
4. Consult a Lawyer: If the harassment persists or if your employer fails to take appropriate action, it may be time to consult a workplace discrimination lawyer who can guide you through the legal process, including potential settlements or lawsuits.

Cyberbullying and Verbal Harassment

In today’s digital age, cyberbullying can also be a form of verbal harassment. If an employee is subjected to verbal abuse or derogatory remarks via email, instant messaging, or social media, it may still be considered harassment. As workplace harassment laws extend to online platforms, employees who experience cyberbullying have legal recourse.

Protect Yourself Against Verbal Harassment

Verbal harassment in the workplace is a serious issue that can affect employees’ mental health, productivity, and overall well-being. If you are facing verbal abuse, slurs, insults, or any other form of derogatory language, know that you are protected by federal and state discrimination laws. Consulting with a New York workplace discrimination lawyer can help you understand your rights, report the abuse, and explore your options for legal action or settlement. Remember, no one should have to tolerate verbal harassment at work—take steps to protect yourself and ensure a safe, respectful working environment.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees. If you are experiencing verbal harassment in the workplace, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.