Can I sue my boss for calling me a derogatory name?

Recently on our legal forum a user asked, “I have just started working at a new company. The boss has singled me out and has begun calling me derogatory names. I am wondering what options I have. Can I sue him?”

Close to 40% of workers report that they have been verbally abused on the job. With this in mind, understanding your rights and how to protect yourself is critical to ensuring you work in a pleasant work environment.

First steps after a verbal confrontation

Document everything

If your boss has verbally abused you in the past or has a history of abusive language it’s critical that you document his actions, including the date, time, location, names of witnesses and what your boss has said to you. If the verbal assaults have occurred via email, all written correspondence should be saved.

If your work environment has become so hostile that you have sought treatment from a doctor, you should also include the dates and times you missed work, as well as any costs associated with treatment.

Is the name calling considered harassment, discrimination or abuse?

Whether or not your bosses actions rise to the level of abuse or harassment may depend on the number of occurrences. For example, if your boss called you one name, one time, it may be difficult to argue that you are verbally harassed or working in a “hostile” work environment.

Let’s take a closer look at what you might need to prove.

·         Verbal Abuse

Although there are no federal or state laws protecting you from verbal abuse, there are regulations under the Occupational Safety and Health Act, or OSHA, which requires employers to provide a safe and healthy work place. If the verbal abuse is on-going and pervasive, you may be able to argue it interferes with your ability to safely complete your daily job duties.

If you are the victim of continual verbal harassment it is time to talk to the Human Resources Department or someone else in a position of authority in your company.

·         Harassment

Certain employees are protected from discrimination under the Civil Rights Act of 1964. Under this law discrimination is not allowed based on a person’s race, religion, age or creed. Additional protections are afforded to disabled and elderly workers under the Americans with Disabilities Act and the Age Discrimination in Employment Act.

Although isolated incidents of teasing or being called one derogatory name would probably not violate any of these laws, if any of the harassment or verbal abuse leads to a reduction in benefits, demotions, or discrimination and you are considered a "protected class," you may be able to file a claim against your employer.

When are spoken words considered a personal injury?

Physical assaults which cause injury or harm can often lead to criminal as well as civil penalties, allowing the victim to sue for compensation through a personal injury claim. Victims may also, however, sue another person for their actions, including their words, if their words or actions caused them to fear for their personal safety- an offense often referred to as assault and battery.

To file a personal injury claim for a verbal assault, however, the plaintiff would generally need to prove there was an intentional unlawful threat to cause bodily harm, and that threat created a well-founded fear of imminent peril.

So, for example, if you boss called you a fat pig one time you would not have a personal injury case, but if he held up a knife and shouted “I am going to cut you to pieces you fat pig!” you might have a case against him for assault.

Bottom Line:

Being called a derogatory name one time is generally not considered abuse, harassment or assault. If your boss’s actions and words are consistently creating a hostile work environment, causing you distress, or making it difficult to perform your work duties, however, you need to get immediate help.

Finally, if your boss calls you one derogatory name it’s tough to prove you were significantly injured, but if he said something that caused well-founded fear or imminent peril his actions might rise to the level of personal injury.