Legal Question in Sexual Harassment in California

racial slur

how do I handle an ethnic slur made by an executive, of the company I work for, towards me and about me?


Asked on 10/12/05, 6:15 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: racial slur

That would amount to discrimination under the law. You can file a Charge of Discrimination against him and the company. IF you can somehow prove it was made, and if it is not just a one time thing, it may be grounds for doing so, and following up with a lawsuit. Contact me if interested to discuss the facts, and wisdom of filing suit.

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Answered on 10/24/05, 3:30 pm
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: racial slur

Dear Questioner:

1. The workplace is, by both State and Federal laws, supposed to be such that racial and or ethnic "slurs" are prohibited. Certain exceptions apply.

2. Without knowing the "context" of the slur, or whether or not it can be authenticated, no determination can be made as to the appropriateness of bringing suit.

3. If this is a very large employer with a full time HR staff, that is info that we would need to know.

4. Is there an employee manual or handbook that discusses what to do in the event of harassment or any other form of discrimination? Have you followed the requirements of the employer regarding making notice to a superior or immediate supervisor?

Although what was obviously done is totally reprehensible, you have to, in a large degree, choose your battles to win a war. A complete analysis of your individual situation with all available facts and documents is necessary to advise you to go to a supervisor, or not to do so.

I appreciate the opportunity to have provided this info to you.

Sincerely,

Mark Geyer

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Answered on 10/24/05, 5:40 pm


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