San Diego, CA asked in Employment Law for California

Q: Rude supervisor

My supervisor always talks to me heavy, offensive emails.

is it harassment?

Should I report to HR or employer?

If they ignore me, what should I do?

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2 Lawyer Answers

A: For it to be illegal harassment, it has to be motivated by hostility toward your membership in a protected class such as race, religion, national origin, gender, gender expression, pregnancy, military service, disability, etc. or opposing illegal conduct.

However, your employer's personal conduct policy may not require that type of improper motivation to be actionable. You should look in the employee manual.

Before you contact HR, it is worthwhile to consult with a lawyer to make your complaint hits the right notes.

A: It is not unlawful for a supervisor to be rude, abrasive, disrespectful or a bully. The only way that becomes unlawful is if the conduct is motivated by your membership in a protected class of people or because you had engaged in some kind of legally protected conduct.

The company has not legal duty to stop the rude conduct if that conduct is not unlawful. Hopefully your company cares enough about its employees to put a stop to the conduct even when it is not unlawful.

Good luck to you.

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