My son ( who is african american)was called the "n" word by a sales associate (who is also african american) Do I have a case

Asked almost 3 years ago - Chicago, IL

My son ( who is african american)was called the "n" word by a sales associate in Foot Locker (who is also african american) Do I have a defamation of character case? My son is only 8 years old, he was very hurt by the comment, and expressed tome once we go in the car that " he wanted to cry but held back his tears".

Attorney answers (5)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    Answered . Potentially, this could be defamation.
    However, much of how this is perceived would depend upon who was judging it. This issue has been much-discussed for years both in the African-American community and the population in general.

    While your son may have been "hurt" by the incident, it probably does not rise to the level of something that is actionable, at least not in any realistic sense.

    I would suggest you consult with a lawyer who handles defamation matters.

    In any event, there is no doubt that you should contact the store manager and make him or her aware of this obviously improper and unprofessional conduct of the employee. Whatever the thoughts on the use of the "n" word, this is clearly not something anyone would consider appropriate.

    Good luck!

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com

    This answer is provided for informational and advertising purpose and is intended not to be construed as legal... more
  2. Josh Michael Friedman

    Pro

    Contributor Level 14

    Answered . Your son may have a defamation case or other possible claims, such as intentional infliction of emotional distress. It is not possible, however, to give you a definitive opinion without a full discussion of the facts. You should speak to a lawyer as soon as possible as there may be a very short deadline for filing a case. Good luck!

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You are asking whether you have a case for slander, which is oral defamation. Slander is the oral communication of false statements which are harmful to someone’s reputation. Spoken opinions which don't contain statements of fact don't constitute slander. The basic elements of a claim of slander include; 1.defamatory statement 2. published to third parties 3.which the speaker/publisher knew or should have known was false.

    .
  4. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . Illinois does have an anti-hate crime statute:
    http://www.ilga.gov/legislation/ilcs/documents/...

    Your statement indicates circumstances where it might be a matter of some contention and controversy whether the facts constituted a violation of the law.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  5. Jason T Brown

    Pro

    Contributor Level 13

    Answered . The language used was reprehensible and the associate should be disciplined or fired. When you are asking if you have a case, I'd imagine that the associate selling sneakers is relatively insolvent, which means even if you sue him it will be difficult to collect. If you sue Foot Locker you will need to prove that it had knowledge or notice that the employee was inclined to speak like that to the customers or that somehow it endorsed his actions. I wish you the best in getting justice here!

    Please note by answering this question there is no attorney-client relationship formed. I am not your attorney.... more

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