My manager constantly curses at employees, yells profanity over the phone, she mocks employees for their accents or ability to speak english properly, she makes comments to employees like “just listen with your little brain”, today she said to me that "ever since the Chinese office moved into our floor it smells because of their food and their bad breath.” The list goes on and on. I’ve spoken to the department head but he won’t do anything because he thinks she is a good employee and frankly, he is very young and I believe that he is somewhat fearful of making waves in the company. I’ve emailed HR to no avail. What can I do?
Save copies of the emails to and from HR, and get to an employment attorney licensed in NY. The issue is whether you have damages, and whether you want to make waves at your job.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
You should contact a local employment attorney immediately. At the end of the day, no one can force them to fire them, but they will be liable to you and other employees, potentially, for retaining them if they are aware they are engaging in racially discriminatory conduct.
This answer does not constitute formal legal advice and you should contact this or another attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and Federal law and should not be relied upon in any way in any other jurisdiction.
It is illegal to retaliate against you for complaining about racist remarks, but not for complaining about abusive and demeaning comments. Keep a copy of your emails and consult with an employment lawyer.
Document the comments. Each and every one with human resources. Collect the evidence. Hire an attorney to protect your rights. This seems to be an abusive work environment. You may be able to assert a claim as this is a hostile work environment.
As stated, document everything and hire an attorney ASAP. The worst part is, do not expect anything to get better after you take action.
It sounds like you might have a good case of racial harassment. You should contact an employment attorney in your area. Many of us offer a free initial consultation. Good luck!
For informational purposes only. Not intended to constitute legal advice or create an attorney-client relationship.
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