Do I have a case?

[lawton5105]

What is the name of your state?What is the name of your state? Texas

I am African American. I was recently fired for forwarding an email from work to a home email address that contained the word 'nigga'. The subject line read something to the effect of - "check out this fine nigga". I was told that racial slurs are against company policy. How can I make a racial slur against myself or own race? I did not take offense to what was written. The email was not circulated. There was no warning - nothing. My employment record of 8 years is flawless. Do I have a case?

 

[longneck]

[off-topic]so if i talk to another white person at work about "white power" would you consider that racist sluring? you bet you a** you would![/off-topic]

if company policy says "no racist slurs", then that means "no racist slurs", no matter who said them. the only way you would win a wrongful termination suit would be to prove that your employer deliberately and systematically ignored other recial slurs, but single you out because you are black.

beware that if you do press suit against your employer, you risk being labeled as "that guy who sued his previous employer". that could be bad for future employment opportunity. i highly reccommend that you do not proceed with this without first consulting with a REALLY GOOD attorney.

 

[submetropolis]

A racist slur is just that. you really don't have a case against a clear company policy.
I'm not a lawyer but work in the IT dept. In my company they could let you go for any file they found on your computer that was inappropriate or any inappropriate use of that computer. I know because I was the guy that would scan the computers for those exact things. I saw people get walked out for less.
If you do care to sue them; the only thing I would worry about is if you need to use them as a reference for future jobs? If so I wouldn't, if not then go ahead!

 

[Sockeye]

There is no lawsuit, in order to pursue a lawsuit you have to get a "right to sue" letter from the EEOC or applicable state agency and show that the decsion was made becasue of your race.

This is an example of descrimination law working properly, the law was written to equally and without bias enforce the law no matter the race, gender, religious affiliation, sex, etc of the employee.

 

[lawton5105]

Texas.

In my opinion there is no racial slur. Doesn't someone have to be offended?

The 'N' word spelled with an 'a' which had been regarded as typifying offensive and derogatory attitudes within the white community, was adopted by the black community as a form of self-assertion, with the aim of reducing the term’s derogation. The term can be used affectionately or sardonically between black speakers.

The message was sent to me, I forwarded it to myself at home, the message was deleted. Attached was a photo of a friend.

If you talk to another white person at work about 'white power' I would not consider that to be a racial slur because it is a private conversation, none of my business. Freedom of speech.

Where does the true problem lie? With the receipt of the email or with the forwarding of it? I don't understand why the 'filter' did not catch the email before it was delivered to me. The word was in the subject line.

 

[Beth3]

In my opinion there is no racial slur. Doesn't someone have to be offended? Someone was - your employer. Just because you and your friends aren't offended by that term and it is accepted in the African American community, doesn't mean it doesn't violate company policy. Wouldn't you be outraged if a white employee referred to you as that (and appropriately so)? Your employer does not want to start splitting hairs as to what words are offensive depending on who said them.

I think your employer's actions may be harsh given the circumstances (unless there were job performance problems or prior violations of other company rules) but your employer has not acted unlawfully.

Freedom of speech does not apply in the workplace. It applies between you and the government.

 

[jpritchett81]

Texas.

In my opinion there is no racial slur. Doesn't someone have to be offended?

The 'N' word spelled with an 'a' which had been regarded as typifying offensive and derogatory attitudes within the white community, was adopted by the black community as a form of self-assertion, with the aim of reducing the term’s derogation. The term can be used affectionately or sardonically between black speakers.

The message was sent to me, I forwarded it to myself at home, the message was deleted. Attached was a photo of a friend.

If you talk to another white person at work about 'white power' I would not consider that to be a racial slur because it is a private conversation, none of my business. Freedom of speech.

Where does the true problem lie? With the receipt of the email or with the forwarding of it? I don't understand why the 'filter' did not catch the email before it was delivered to me. The word was in the subject line.

I see where your coming from as I am African American myself and some of my friends/family use that term, still "nigga" is still considered a racial slur....."nigga" the spelling falls along the lines of ebonics.

Put it this way if someone of hispanic or caucasian used the term "nigga" directed towards you would you be upset???

Basically the company has the policy so that regardless of race and who uses it there's action towards it.

I'm pretty sure if you were (insert race) and the email said (insert racial slur of said race)....it would have been the same outcome.

 

[lawton5105]

So, where did I go wrong? I assume that I was doomed from the receipt of the email. I have no control over what is sent to me, but one click of the mouse cost me my job. I believe that the actions were quite harsh considering I have never had any other problems on the job during my 8 years employment with this company. Honestly I believe that they were just looking for a reason to fire me. Out with the old and in with the new is a common practice at this company.

 

[Beth3]

So, where did I go wrong? Presumably in forwarding that email. I do agree your employer's actions were harsh on the other hand, we don't know what the "backstory" is where you work. Perhaps they have had situations with other employees claiming harassment/discrimination due to inappropriate email use or internet access. There may be some reason why they are enforcing their policy so rigidly.

Unless you can show that the reason for your termination was a pretext and the real reason you were terminated was your race or some other protected characteristic, then nothing unlawful has occurred.