Most employers these days are fairly considerate of their worker’s feelings. They treat them like humans and provide a safe working environment. Unfortunately, for every good soft-spoken manager, there is a complete egomaniac who yells at his employees and even curses at them. If you asked any ADA lawyer California, they would advise you to take action, but suing for being loud isn’t possible.
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It’s not illegal
While strictly speaking from a moral standpoint, yelling at your employees, calling them names, cursing at them is wrong and should be taken action against. Unfortunately, it is not considered harassment in the eyes of the law. They are not anything “illegal” by being an obnoxious brat around the work environment.
You can try to file a harassment case on the basis of them just yelling all day long, but it won’t last long in the court and will fall flat. According to Nakase Wade ADA Lawyer California, one way to add support to your case is if the yelling manager is insulting the parts of a person that are protected by the law. For example, a manager saying the n-word when yelling at an African-American or making a sexist remark when shouting at a female worker is clear proof of discriminatory harassment and will get you some justice.
What you can do in this situation
While getting the law involved in such a case is not easy, and getting any meaningful results from your efforts even more difficult, you can contact the company. Sure, a single person claiming to the HR department might get shoved under the rug. But when a significant portion of the workforce bands together to file an HR complaint, the company has to listen.
Moreover, the company might not even be aware of their workplace being such a toxic environment, much less support it. So, once they fully understand the gravity of the situation, they will take action against the toxic manager. This process will be even faster if the employees can prove that this constant yelling is reducing their output and costing the company money.
Break laws violations
One edge case to sue the company is if the manager is violating mandatory meal and rest break laws. California requires a thirty-minute meal break after five hours of work, and not giving this right to an employee is an offense.
