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Are You Hearing What They Are Saying?

Are You Hearing What They Are Saying?
By Rick Kindsvatter
President of Montana State Branch 929 and Retired Manager, Post Office Operations, in the former Big Sky Customer Service District

When speaking with our members, I have been hearing complaints/comments about an increasing amount of obscene and offensive language being used on the workroom floor or directed to them from their superiors, fellow EAS employees and the employees they supervise. All Postal Service employees are entitled to a workplace environment free of harassment that can undermine one’s morale or working conditions.

In today’s society, the use of profanity in everyday conversation has become widespread. We all can relate to well-known celebrities and other role models who too often use profanity in their daily dialogue. Profanity is heard on TV and in movies and live performances, to name a few. But is profanity acceptable in our workplace?

When profanity is used outside the workplace as part of social interaction, as distasteful as it may be, it has no legal significance. However, in the workplace, it is a totally different issue. Now, it has the potential of being challenged through legal channels. The First Amendment—guarantee of free speech—does not apply in the private workplace, thus there is no constitutional protection.

Often, when profanity is used in the workplace, postmasters, managers and supervisors are reluctant to address the issue for fear they will be seen as prudish or part of the “Speech Police.” There are employees who hear or have directed to them crude, obscene or profane language they deem to be offensive or harassing. Balancing those concerns, while, at the same time, staying in compliance with all USPS policies and relevant laws, can be tricky.

If this type of language is allowed in our workplace, is it also allowed when interacting with our customers? As leaders of this organization, we must actively address the issue when it occurs before significant problems arise.

Ignoring obscene, crude or profane language can damage morale and working conditions and cause our organization to be unprofessional. Worse yet, this issue can put the USPS and the manager allowing it at risk of claims of a hostile, harassing and intimidating work environment.

Another challenge with managing or correcting potentially offensive language is its subjectivity. What one person may find offensive or harassing, another may not. Certain words or phrases clearly are improper and cannot be tolerated at all in the workplace. For example, ignoring slurs about race, color, religion, sex, sexual orientation, gender identity, national origin, age, mental or physical disability and uniformed service can be the basis for claims of unlawful harassment and a hostile work environment.

When I was manager of Customer Service at a retail/carrier unit, I overheard two employees in the lobby bantering back and forth with comments I determined to be unacceptable and unprofessional. What they didn’t realize was their comments were heard by the public.

I then took the union stewards out to the lobby so they could hear firsthand the comments being made; they agreed it was inappropriate and needed to cease. When confronted, the two employees said it was done for fun and of no harm. I directed them to continue to work in a quiet and diligent manner; their comments were unacceptable. They immediately wanted to see their union steward, who gave them the same guidance I did.

There are numerous published guiding principles on workplace conduct, including, but not limited to:

• ELM Subsection 665.24, Violent and/or Threatening Behavior:

“The Postal Service is committed to the principle that all employees have a basic right to a safe and humane working environment. In order to ensure this right, it is the unequivocal policy of the Postal Service that there must be no tolerance of violence or threats of violence by anyone at any level of the Postal Service. Similarly, there must be no tolerance of harassment, intimidation, threats, or bullying by anyone at any level. Violation of this policy may result in disciplinary action, including removal from the Postal Service.”

• Publication 552, “Manager’s Guide to Understanding, Investigating, and Preventing Harassment”
• Publication 553, “Employee’s Guide to Understanding and Preventing Harassment”
• Postal Service’s Policy on Workplace Harassment
• USPS Joint Statement on Violence and Behavior in the Workplace

Here are some pointers on acknowledging the serious and negative aspect of obscene and offensive language in the workplace and preventing it:

• Tell the offender(s) to stop.
• If you see or hear something that rises to the level of breaking policy, report it; otherwise, change will not happen.
• Report it to your next level of management.
• If your next level of management is the individual making the comments, report it to their supervisor, district Human Resources manager, district Labor Relations manager or the OIG.
• Prohibit all slang and verbiage that describe race, color, religion, sex, sexual orientation, gender identity, national origin, age, mental or physical disabilities and uniformed service.
• Define what is appropriate and what isn’t. Explain the rationale for your stance.
• Train supervisors and employees regarding language usage expectations.
• Set the example as a role model for others to follow.
• Request and issue corrective action to those who violate the rules or your instructions.

Jokes and idle bantering using profane or obscene language can be a non-issue to some; others may be seriously offended by those comments. Remember, what may be tolerated by one might not be tolerated by another. It then could lead to claims through legal channels in which you may be implicated for allowing.