by: John Phillips

Are you in compliance with the federal Anti-Cursing and Profanity in the Workplace Act? OK, before you call your lawyer asking why she hasn’t told you about this law, there’s no such beast. But cursing or profanity should be on your radar.

Nonlegal reasons. Cursing is unprofessional. Does it really help your business if your customers, clients, and the general public are subjected to widespread cursing in your workplace?

Even in a society that’s grown more receptive to vulgarity, most of us would be taken aback if we walked into an office and were greeted by a receptionist with “How the hell can I help you?” or “Would you like to have a damn seat in our waiting area?”

Legal reasons. More often than not, any discrimination or harassment claim includes a complaint about language. The allegedly offensive language may take the form of a sexual, racial, religious, or ethnic slur, but it also may involve something that falls into the category of pure cursing.

Perhaps the most serious legal problem is workplace violence. Some workplace fights have probably been started without the use of profanity — but not many. Some deaths as a result of workplace violence have probably occurred without a curse word being uttered — but not many.

Should you have a policy on cursing? Maybe. Maybe not. It’s not unusual, however, to have a policy dealing with workplace respect. If an employee is “cussing out” a coworker, that’s not respect. If he can’t control his profanity, discipline and then termination would be appropriate.

If cursing is out of control in your company, maybe it’s time for some training. I’ll be doing an audio conference next week called Keep Cursing from Costing You in Court: Avoiding Legal Liability When Employees Swear at Work. Subscribers to the state Employment Law Letters from M. Lee Smith Publishers and the Employers Counsel Network also can download a free sample policy on being a respectful workplace.