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Racial Harrasment at work, do I have a case?

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twhite19962

Junior Member
What is the name of your state? Delaware

Roughly six months ago I complained to my supervisor of a coworker referring to myself and my race as ******s. Coworker bragged of being a proud "redneck" and confessed hatred for people of color, and criminal acts she performed against *****es. Supervisor had a "talk" with coworker. Harassment did not stop. I tried to get along with coworker, deal with situation. She fell into the habit of calling me "girl". When I told her to stop she apologized and said, "I'm upset because I can't call you a ****** if I want to, and I feel I should have a right to do that". She said this with a smile. I witnessed another white coworker make a racial remark to a fellow worker. I heard him tell a black man to hurry up and pack stack boxes on a pallet, reffered to him as a "Mnute Bowle looking mother****er". Threatened to send him back to Afganistan (when he was really meaning Africa) When he had gone that far why was he holding back on saying Africa?. I was fed up with remarks at work. Was getting harder and harder to maintain a positive attitude. Witnessed other employees fired for cursing or lude gestures almost immediately. May 24, 2006 I Complained to HR. They did an investigation and found my claims substantiated. Harassing coworker was given 3-day suspension. I am in counseling for harassment, anxiety and humiliation suffered through course of 6 months. Employer is paying for counseling. Been urged by fellow employees *witnesses* both black and white to seek attorney. I'm in need of a consultation.:mad:I work for a world class manufacturer. Very large and renown company. Can't even begin to tell you how many employees they have. Afraid to even speak the name of company. I welcome response from all. What is the name of your state? DelawareWhat is the name of your state?
 


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mlane58

Senior Member
twhite19962 said:
What is the name of your state? Delaware

Roughly six months ago I complained to my supervisor of a coworker referring to myself and my race as ******s. Coworker bragged of being a proud "redneck" and confessed hatred for people of color, and criminal acts she performed against *****es. Supervisor had a "talk" with coworker. Harassment did not stop. I tried to get along with coworker, deal with situation. She fell into the habit of calling me "girl". When I told her to stop she apologized and said, "I'm upset because I can't call you a ****** if I want to, and I feel I should have a right to do that". She said this with a smile. I witnessed another white coworker make a racial remark to a fellow worker. I heard him tell a black man to hurry up and pack stack boxes on a pallet, reffered to him as a "Mnute Bowle looking mother****er". Threatened to send him back to Afganistan (when he was really meaning Africa) When he had gone that far why was he holding back on saying Africa?. I was fed up with remarks at work. Was getting harder and harder to maintain a positive attitude. Witnessed other employees fired for cursing or lude gestures almost immediately. May 24, 2006 I Complained to HR. They did an investigation and found my claims substantiated. Harassing coworker was given 3-day suspension. I am in counseling for harassment, anxiety and humiliation suffered through course of 6 months. Employer is paying for counseling. Been urged by fellow employees *witnesses* both black and white to seek attorney. I'm in need of a consultation.:mad:I work for a world class manufacturer. Very large and renown company. Can't even begin to tell you how many employees they have. Afraid to even speak the name of company. I welcome response from all. What is the name of your state? DelawareWhat is the name of your state?
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Was there a legal questioned in there somewhere or were you just wanting to rant?
 
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pattytx

Senior Member
If the implied question in "I'm in need of a consultation" was, "Some attorney here determine whether I have a case", you may or you may not. If you want a serious consultation with an attorney to whom you can share ALL the details and who has your best interest at heart (so to speak), then you need to go find one in your area.
 
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Beth3

Senior Member
You complained, HR investigated, the guilty party was disciplined, and the racist and inappropriate comments stopped. Your employer has met their legal responsibilities; that's the end of it.
 
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mitousmom

Member
I'm not sure why your co-workers are urging you to contact an attorney. If they think you should sue your employer under the federal anti-discrimination statutes, you will first need to file an administrative complaint with EEOC. Illegal harassment is based on a "reasonable person" standard. Although objectionable, it's unlikely that your experiences are sufficiently egregious or pervasive to rise to the level of illegal racial harassment. Further, the information you provide indicates that your employer immediately conducted an inquiry when you informed HR of the offensive behavior and took corrective action to stop it. Should you file with EEOC, it will conclude, as Beth3 noted, that your employer met its legal obligation and you are not entitled to any legal remedy or damages.
 
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twhite19962

Junior Member
Thank You very much for response

Yes, there is a legal question in there somewhere. I wanted to know in fact, "Do I have a case"? Forgive my punctuality and poor spelling. I have, and my coworkers have suffered because of racial comments. Keep in mind that I informed my direct supervisor approximately 6 months ago and the comments never stopped until (coupled with my fear) I finally complained to HR. It is my understanding that my supervisor should have made known to them the situation on the floor. I know I did not specify that I complained no further because of fear of retaliation. I was very afraid to complain about something that had already been made known, thus making me a pain in the butt. The supervisor; who is also white, clearly ignored or did not understand the hostility, embarrassment, humiliation, etc., I experienced. There was a lot of talk amongst us blacks, but noone but myself dared say anything to management. I can not begin to tell you the alienation I have experienced since then ( from both scared blacks and angry whites)This put me in a very lonely position. I was afraid for a good reason. As of today I am terminated from my employment, and for obvious reasons. I assumed that the employers position would be that they fulfilled their obligation to discipline, but not from where I am standing. I made my feelings completely known to them. They were very hostile towards me and what they called "my opinion". I was experiencing hostility in the workplace. I only wanted them to have a zero tolerance for racism. Thanks to all who made an effort to clarify some key points to me in their response. I do appreciate that. I have had a few responses from attorneys who want to consult and possibly represent me. This gives me hope. Thanks again.
 
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mitousmom

Member
Being afraid of imagined reprisals, doesn't relieve you of the "due diligence" responsibilities of properly and timely raising claims of discrimination. Nonetheless, if you wish to proceed under the anti-discrimination laws, you must file an administrative complaint with EEOC or your state human rights agency. If you file with EEOC, the staff will assess your allegations and the likelihood of proving a violation of any EEO law. If EEOC decides it does not wish to pursue the matter, it will issue you a notice of right to file a lawsuit. You will need that notice to file a lawsuit under the EEO laws in federal court.

There is no federal requirement for an employer to have "zero tolerance" for racism. Rather, the EEO laws state that an employer cannot make employment decisions based on race, sex, religion, national origin, color, age or disability. With regard to harassment based on any of those factors, the employer is required to ensure a working environment free of illegal harassment. Both EEOC and the federal courts require that co-worker discriminatory conduct, i.e., using racially derogatory terms, be pervasive or egregious to be considered illegal harassment. The few incidents that you cited, while offensive, are not pervasive or egregious.

You don't indicate why you are no longer employed or how that relates to the alleged harassment.

To answer your question, while the incidents you cite are racially derogatory comments, the comments don't rise to the level of illegal harassment for which your employer has any legal liability. However, given the possibility that you haven't related all of the relevant information, you might want to talk with EEOC. The staff should be able to ask the questions they need to assess whether you have a case that they are interested in pursuing.
 
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