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Wronfully Accused

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quincy

Senior Member
I am still an employee there and I want the option to be able to return to another department or area which will be difficult of this remains on my record. The co-worker is over 18, obviously as she is a nurse as well. Is that all you have to say Quincy?
That was my only question for you, yes.

Calling a young black woman over the age of 18 a "little black girl" can be viewed as racist. Similarly, calling a young black man over the age of 18 a "boy" can be viewed as racist.

Words matter and you chose the wrong ones. It happens.

I think you should have apologized at the time - but I am afraid that you would have been apologizing for the wrong thing. There is nothing wrong with using descriptors like "little" or "black" (although "short" might have been better). Your mistake was in using "girl" to describe a professional woman.
 
update....that same employee that I called the little black girl had numerous absences, was chronically late and then left one night without giving report. She has been terminated......in the mean time, after being told how my choice of words was bad, do you have any actual legal advice?
 

quincy

Senior Member
update....that same employee that I called the little black girl had numerous absences, was chronically late and then left one night without giving report. She has been terminated......in the man time, after being told how my choice of words was bad, do you have any actual legal advice?
You received legal advice. Words can have legal consequences. You need to choose them carefully.

Good luck.
 

quincy

Senior Member
so what? her statement is one of the things being used against me...and she didn't even last in the department a year....how can someone who was such a bad employee make comments about another employees work?
Because you said what you said?

The employee’s termination does not change the racist nature of your statement.
 

Zigner

Senior Member, Non-Attorney
so what? her statement is one of the things being used against me...and she didn't even last in the department a year....how can someone who was such a bad employee make comments about another employees work?
If you shoot a guy (but only graze him) becaue he looked at you wrong and then he later robs a bank...does that negate your attempted murder?
 
ok, reminder, I was cleared by HR of making a racist statement. Calling someone who is 5'1 and who is black, and a female when I am also a female who stands 6'2 (not a typo) a little back girl is descriptive...not racist...and I was cleared...so can we go back to the issue at hand?
 

quincy

Senior Member
ok, reminder, I was cleared by HR of making a racist statement. Calling someone who is 5'1 and who is black, and a female when I am also a female who stands 6'2 (not a typo) a little back girl is descriptive...not racist...and I was cleared...so can we go back to the issue at hand?
You can have your own statement added to your personnel file.

And the “girl” part of the comment you made CAN be viewed as racist.
 

Zigner

Senior Member, Non-Attorney
ok, reminder, I was cleared by HR of making a racist statement.
Have you mentioned this previously? I can't find it in this thread. In any case, if you were "cleared", then I don't understand the problem.

Calling someone who is 5'1 and who is black, and a female when I am also a female who stands 6'2 (not a typo) a little back girl is descriptive...not racist...
The fact that you refuse to accept that your statement can be interpreted as racists says a lot.
and I was cleared...so can we go back to the issue at hand?
Again, what issue might that be? You were cleared in the matter.
 

cbg

I'm a Northern Girl
update....that same employee that I called the little black girl had numerous absences, was chronically late and then left one night without giving report. She has been terminated......in the mean time, after being told how my choice of words was bad, do you have any actual legal advice?
The fact that she has been terminated is totally irrelevant to your situation, legally. What difference did you think it would make?
 

commentator

Senior Member
Way back at the beginning, you said this: " I don't believe I will be treated fairly and want this off my record." Legally, that's not going to happen. That's legal advice.

No matter if this person turned out to be a bad employee, if they were later terminated, it still doesn't change what your employer chose at the time to do, fairly or unfairly. The concept of fairness is NOWHERE in the employment laws. Anyhow they did what they did, this was how they chose to deal with this work situation. And really, legally, fairly, it DOESN'T matter what is in your work record. You're still in exactly the same position with this employer as you were before.

This will wear itself out, if after a year or two there's been no repeat offense, it will not make a whole lot of difference. If, later in your tenure there, you have another incident of saying something racially inappropriate (which it was determined that you did do that) then there will be a historical record that that is your second offense. But if you never do, it will not matter. The only person at your work who ever remotely remembers this incident now and is keeping it alive and will ever have any desire to bring it up in the future is you.
 

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