CAN I SUE IF AN EMPLOYEE CALL ME A RACIST REMARK?
3 attorney answers
You need to file a formal complaint about the harassment and follow your company's complaint procedure. If the employer does not investigate or the conduct continues, then you may have a viable case.
I am so sorry you had to be exposed to this. Mr. Shore has given you all the right information. It's very important to document this event to your employer so an email or other writing is in order. I wish you the best.
This definitely sounds like harassment! In my opinion that coworker should be reprimanded if not terminated. My guess is that you would like to bring a claim against your employer, not against this coworker. Your employer is the one with the money. Unless that coworker is part of management, I would normally tell a client to report the coworker, in writing. That way the employer has the opportunity to do the right thing and take action to reprimand this employee. If they do not and the harassment continues then your employer would could be held liable. I cannot advise you as you are not a client. For that reason, I suggest that you reach out directly to an attorney. Most of us here on Avvo.com would be happy to provide you with a free consultation. Some of us work nights and weekends.
Eric A. Shore
Please understand that I do not represent you until we both sign a retainer agreement and that the information I provide here should not be considered legal advice. It is for informational purposes only. I am licensed in PA and NJ and handle employment discrimination, wrongful termination, sexual harassment, social security disability, workers' compensation, civil rights and personal injury cases. I never charge a fee unless I am retained and help my client win.