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Can swearing, foul language, dirty jokes, and racy stories or pictures be considered discriminatory harassment?

Yes. This type of behavior is inappropriate in the work place and in some instances may be considered as discriminatory if directed toward an individual or group because of their protected status under the law. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people and is sufficiently severe to alter the conditions of employment. Racial or ethnic slurs directed to or in the presence of a person will almost always be considered harassment. See EEOC’s definition of Harassment.