Asked about 1 year ago - Seattle, WA
FlagI was taunted reapeatly with a word African Americans hate to hear it was through text and voicemails .I then played them back to a ex girlfriends family and coworkers.she taunted and baited me knowing that is one a two words that I will never tolerate.what are my options
I am sorry to hear that your ex harassed you with racial epithets, however, this is not defamation, as defamation requires 1. an untrue statement 2. to be published to third parties 3. which caused you damages.
I would suggest that you call the police and get a restraining order so this nonsense stops.
It sounds like (and please correct me if I'm wrong), these taunts in texts and emails you've been subjected to have come in the workplace. (You mentioned "coworkers"...) It such activity occurs in the workplace, it may be harassment if it affects your ability to do your job. If so, your employer may also have a protocol/procedure for reporting these things, which case law suggests you should try to do before filing a claim with DFEH or later filing any suit.
Looking at this in the context of "slander," in general, all defamation actions (slander and libel) require these elements :
(1) a false and defamatory statement concerning another;
(2) publication of the statement, without privilege, to a third party;
(3) fault on the part of the publisher, amounting at least to negligence, in ascertaining whether the statement is true or false; and
(4) special damages.
[Restatement 2d, Torts ยง 558]
Typically speaking, actual falsity and knowledge of the falsity of the statement are hard to prove, if there is any aspect that is true. Also, statements made that are merely "opinions" are protected. (For example, there's a difference between saying "I think that guy is a crook" and saying "that guy is a felon." In the first instance, the statement is an opinion and not actionable, while the 2nd, if untrue, could be a basis for a defamation claim.) In your case, it doesn't sound like untrue information is being "published" about you, rather it is just the use of words that you find offensive. So, from that viewpoint, your case may not "fit" into a defamation claim.
The 3rd issue to address is damages: it's often hard to show actual damages resulting from the publication. In your case, you'd have to show what damages you suffered as a result of the statements.
That said, I'd suggest discussing this with local counsel.
Good luck!
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