Can I sue my employer for racial comments and discrimination?
Question:
I am a middle eastern male working for a corporation…..My employer, well my manager is making little comments like “thank you please come again” from the Simpsons., and he said that “we do not negotiate with terrorists”. He really pushes my buttons and acts like a smart alleck around me, I beleive I am being wrongly targeted because of my race and it is affecting me. Do i have grounds for a lawsuit or legal action here? Thank you.
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3 Responses to Can I sue my employer for racial comments and discrimination?
@PrincessFreestarr is correct. Also, document everything to show the pattern of abuse. It will make your case strong if you can show cumulative trauma. Get a copy of the Work Laws Exposed ebook. Click on the banner on the right side of this page. It will explain in detail (easy to understand, no legal jargon) what is illegal and why and what you can do about it. You’re already in a protected class by nature of your race. Learn how to make a stronger case, one that you can come out on the winning end.
Yes you do have grounds for action. But hold on with the "legal" part. The key words you used are "it is affecting me". Anytime an employer or its representatives behave in a manner that causes another to feel uncomfortable and it affects his/her work performance, it is considered harrassment. You’d be surprised of the things that are covered under employement law and protected group acts. (i.e. Civil Rights Act, Disabilities Act, etc.)
You say you work for a corporation, I’m assuming a mid-sized to large organization. Believe me, if they are smart, they have safeguards in place to prevent problems like these from getting worse. You have the right to contact someone in your company’s HR department and advise them of this problem. You can, without any fear of retaliation, tell them what you have experienced and how it is affecting you. DO NOT threaten them in any way, however, because it could backfire. Be very firm and clear about your position and do not settle for the "okee-doke". This means don’t allow some fancy talking PHR person tell you that you’re overly sensitive and imagining things.
Unfortunately, I must warn you, you may have a harder road ahead if you go forward with this. What usually happens in these situations is HR initiates an internal investigation. They will interview you, the offender and other colleagues. If they find that the employee was wrong, they will give them a written repremand and advise you (in the form of a letter) that the issue has been addressed and assure you of their support if it happens again. If they find in favor of the other guy and determine that there was "no inappropriate behavior" by the employee, then you just get a letter telling you that. Either way, my friend, you can expect your co-workers to start acting "weird" around you. Someone will "warn" them to watch what they say around you because you "might go tell on them and get them in trouble". This is not right, but it does happen.
Be sure to follow your company’s procedures for filing these types of complaints. To the letter. This will be beneficial in the long run. If something happens and they fire you because your job performance is sub-par (as a result of your harrassment, perhaps) you may have a lawsuit. A good attorney will cite the harrassment as a cause for your depleted performance in a wrongful termination suit.
Good Luck
Your boss is an ignorant jackass. Have you asked him/her to stop? That’s really the first thing that you need to do. Alot of people think they’re being funny when they’re really being offensive and if you don’t say something he/she will think you don’t mind. You CAN sue anybody for just about anything and I’m sure some Lawyer will be more than happy to take your money but a lawsuit is expensive and even if you win it could take YEARS before you see a penny!!!!!!!!! I suggest that you talk to your boss or their supervisor if it comes to it. I’m sorry that you’re in this situation.