Whether it's legal or not isn't the most important issue here. Her inappropriate talk could have a negative impact on office morale which will effect the bottom line or cost the company good employees that don't want to deal with it and quit, especially if the boss doesn't handle it appropriately.

It is not illegal if she can argue that her comments are accurate.

i.e. if she can prove that the guy is "dumb" "lazy" and an "asshole", then the Judge would have to rule "Ita vero" and the case would be dismissed.

Is she right about your assistant? What did your assistant do or she think your assistant did.

She's 78?? I would be a bitch who ranted too, if I still had to work for a living.

I agree with the PPs about the fact your boss should be dealing with it. It is wrong. No one should have to endure working with another individual like that. Being old is not an excuse nor does it give you license to be rude and mean. She's been allowed to behave this way and their looking the other way is tacit approval.

Your boss is the one you should be mad at. He's not dealing with the behavior. He should be giving formal warnings with specific consequences for this behavior and should let her go if she doesn't shape up.

Waiting for her to retire is pathetic. He needs to man up and do his job. He is the one that will get the company sued for not dealing with this.

Like others said, you need to start giving her written and oral warnings. If your company does not have a policy on professional behavior in the workplace it may be time to create one. Once a warning is given, if the behavior continues you continue to give warnings with the third (and last) stating that if it happens again she will be fired for unprofessional behavior. Then follow through.

Thanks all. Unless straight white males are protected, he's not protected.

She's 78 but has always been this way. I thought she was going to get us sued twice before: a female employee and an intern who was black. She said things to both of them that bordered on discrimination.

Now it's just meanness. She's always been mean. I just want her gone so we can replace her with someone productive. She detracts from the productivity of our small office.

I don't have a lot of compassion for her. She has been really mean to me in the past but after I told her time and again that saying "X" was "mean" or "inaccurate" or "rude" she stopped.

FOr example, she told me that a mother could never do my job (this is while I was pregnant) and I got a promotion a year after returning from mat leave so I can. and that nannys don't take good care and "never hire a Latina" . I'm not kidding she said that and gave reasons. I can't even remember what she said as to why. THis woman is sexist, racist, ageist, but not anti-Semitic.

I take it back. She's just full of hate in general. and likes to share it.

As long as the comments are not about a protected class, then they are not illegal. However, this is clearly a discipline issue and if you have a progressive discpline policy she can be discplined out of her job. Keep in mind that this will set precedence and all others who exibit the same behaviors would have to be treated the same (progressive discipline).

Is there a discriminatory bent to it (do you think the secretary is behaving this way because your assistant is a certain gender, ethnicity, etc)? If not, at best it would be a hostile working environment and likely illegal only if it is affecting the performance evaluations of your assistant.

Those are subjective descriptions which are legal, but when they become more objective, for example bastard, it crosses the line.

Maybe it qualifies as harrassment?

Doesn't sound like illegal until it creates a hostile working environment, and I don't think that is illegal, just that someone might sue you over it. Someone should shut that down though.

It's not illegal but it is cause for dismissal. However, perhaps some context and compassion are in order. How old is she? Maybe it's dementia? This can involve a change in personality and impulse control. Maybe that's the subtext of your boss' response.

The secretary in my office has called my assistant "dumb" "lazy" and "asshole"
SHe did it again yesterday, including yelling and incorrectly calling him a liar. I've told our boss who says he's trying to get her to retire but I wonder if this boarders on illegal. ANybody know?