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11-07-2009, 08:11 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 1
| | | called a name at work
it happend in bedford village NY. i was at work when my boss got in my face and yelled at me and called me a retard. i was told there is not much i can do about this im part of the csca union . plesse help me i no there is more i can do i have learning disability |
11-07-2009, 09:51 PM
| | Senior Member | | Join Date: Jun 2006
Posts: 2,492
| | | Contact your union.
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11-08-2009, 06:28 AM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 23,739
| | | Calling you a name is not against the law. |
11-08-2009, 09:45 AM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,924
| | Quote:
Originally Posted by cbg  Calling you a name is not against the law. | Harassment because of a disability is.
OP, keep a record of who said what and when. Contact the EEOC. |
11-08-2009, 10:02 AM
| | Member | | Join Date: May 2007
Posts: 571
| | | Calling someone a name is a million miles from harassment. OP, grow a thicker skin. OS, stop giving legally incorrect advice. |
11-08-2009, 10:59 AM
| | Member | | Join Date: Jul 2008 Location: Highline Skyway
Posts: 515
| | | Isn't MDP a protected class, now? (Mentally Deficient Person).
__________________ Is it quiet, yet? |
11-08-2009, 11:32 AM
| | Senior Member | | Join Date: Mar 2005 Location: Feels like Mars sometimes.
Posts: 2,253
| | | I think calling a mentally-challenged employee a retard is in the same class as calling an African-American employee the N-word. OP, you should speak to your union about this. |
11-08-2009, 12:47 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 23,739
| | | In these circumstances, a single instance is not even remotely enough to qualify as "harassment against a disability". Nor do we know for certain that the poster's condition qualifies as a protected disability. |
11-08-2009, 02:43 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,858
| | | I don't think it's appropriate to call ANYONE the n-word regardless of race, nor is it appropriate to call anyone a retard regardless of whether they are actually mentally challenged or not. OP should report this to his supervisor or HR and they should make sure that it does not happen again. That is all he can do UNLESS the behavior continues.
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11-08-2009, 05:08 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 23,739
| | | I didn't say it was appropriate. I said it does not meet the level required to successfully take legal action. Which is what I assume the OP wanted to know since he posted his question on a legal board. |
11-14-2009, 02:26 AM
| | Member | | Join Date: Nov 2009
Posts: 120
| | | cbg does not know what he's talking about. it is discrimination for a disability. read his other posts to get a sense of this guy. |
11-14-2009, 02:54 AM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 23,739
| | | Oh? A single instance is enough for a successful discrimination claim? In all cases? In THIS instance? By all means, pray do show us where the law supports your position.
And I'm a she. |
11-14-2009, 05:26 AM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,586
| | Quote:
Originally Posted by cbg Oh? A single instance is enough for a successful discrimination claim? In all cases? In THIS instance? By all means, pray do show us where the law supports your position.
And I'm a she. | Which amazingly, means her post was 100% incorrect. Quite a feat.
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | |
11-14-2009, 12:33 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,858
| | | And unless OP is in fact mentally disabled, it's not any kind of disability discrimination, because he's NOT DISABLED.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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11-14-2009, 06:31 PM
| | Member | | Join Date: Sep 2009 Location: Utah
Posts: 172
| | | I would think that for it to qualify as discrimination the person calling OP a retard would have to know that he has a learning disability. This is of course assuming that his particular learning disability qualifies him as protected. Throwing the name retard around as a name to describe someone who does something incredibly stupid is pretty common. Heck, growing up I called my brother a retard. (Although I usually got cuffed for it, and that was back whan people were still called retards rather than the string of PC terms we've gone through to whatever it is now.) I commonly hear people using the term in all sorts of situations, but since elementary school I rarely hear it used to describe someone who actually has a disability. | |
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