Q: Can I get in trouble for calling someone I work with a "cholo?" I am sorta his manager since I give him directions...
He is such a cholo, it's a really perfect and accurate description of him. In fact, this is the definition of cholo:
cho·lo - ˈCHōlō - noun a Latin American with Indian blood; a mestizo. US informal offensive a lower-class Mexican, especially in an urban area. US
a teenage boy, especially in a Mexican-American community, who is a member of a street gang.
He would definitely identify himself as a cholo. So is it okay if I say it or would I be discriminating against him? I can send you pictures and you'll see what I mean... I often say "Listen Cholo, you can't steal from your employer, I know you weren't raised any better to know right from wrong, but you have to curb your cholo tendencies while doing work." I think he's planning on stabbing me, cuz that's just what cholo's like him like to do sometimes.
A:
Yes you can get into trouble. And your employer can get sued. You can lose your job.
Even if both of you identified with one group a third person who overheard your repeated comments could feel uncomfortable report both of you and he and you both lose jobs.
If you fear for your safety go to the police and report that but be prepared to tell the truth. I had a client lose their job after a female employee reported that the male coworker harassed her. Orders of protection are not just for domestic disputes.
Your comments need to stop. And if you see any other discrimination against any employee you must report it.
Don't judge anyone unless you become a judge.
Derek John Soltis agrees with this answer
A: That sounds like you're creating a hostile work environment and potentially discriminating based on race. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
