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Is Profanity Professional? Swearing in the Workplace

 

Explore the legal and professional risks associated with the controversial topic of swearing in the workplace.

Can you swear at work? Does your company have a swearing policy? Can you be fired or disciplined for using profanity? The issue of cursing at work is more complex than it first appears. Swearing may even result in a hostile work environment lawsuit or a claim of religious discrimination. However, certain instances of swearing are actually protected under the National Labor Relations Act. In this topic, you will discover how to craft a policy covering swearing in the workplace, how to manage the legal risks associated with profanity, and how cursing reflects on an employee’s professional character. Other covered topics will include how managers can lead by example and the challenges of developing and enforcing a cursing policy.

Agenda

Faculty

Rick Alaniz

Rick Alaniz

Alaniz Law & Associates, PLLC

  • Partner in the office of Alaniz and Associates, LLP
  • Has been at the forefront of labor and employment law for over forty years representing employers in a variety of industries
  • Began his legal career in the office of the Solicitor of the U.S. Department of Labor enforcing the Fair Labor Standards Act (FSA) as well as the Occupational Health and Safety Act (OSHA), served on the President's Cost of Living Council during the Nixon Administration and also held prominent posts within the National Labor Relations Board, first in Washington, D.C. and later in Minneapolis where he was active in the NLRB's enforcement actions in a five-state Midwestern region
  • A partner and senior partner in private practice since 1977, his experience has only deepened his enthusiasm for labor and employment law and his drive for continued excellence in the field
  • Board certified in labor and employment law by the Texas Board of Legal Specialization, is a member of four state bar associations, and has represented clients in every state of the union as well as Puerto Rico in union organizing matters, collective bargaining, discrimination claims, wage and hour litigation including collective actions, as well as multistate class actions
  • Consistent with his preventative maintenance approach in this era of hyper-regulation of the workplace, he has long been actively involved in preparing and presenting supervisory and managerial training programs for his clients as well as for business groups
  • He firmly believes that educating managers and supervisors about the legal pitfalls in the workplace is critical; such programs are the cornerstone of his philosophy that a lawsuit avoided is better than a lawsuit won
  • Contributes dozens of articles per year on labor and employment law to trade journals and conducts numerous seminars each month for client companies and trade associations across the country

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