Escondido, CA asked in Personal Injury and Civil Rights for California

Q: can I sue my daughters school for discrimation and embarassing her for a sub No Forewarning saying the N word?

my daughter came home from school distrught explaining That They where reading Mice and men and the Sub didnt forewarn the Children about the deragtory words and how they aren't appropriate Ect. She blurted out loud N***** the children gasped then one of the classmates said in an out burst hey Amerie is right here as if upset. My daughter didn't want to go to school & I called the principal he assured me he would talk to the subs and get back to me this was a week and a half ago no callback. My daughter is black & was the only black child in that room. It embarrassed her & made her depressed & upset. What can do about this? It sickens me & I wouldn't want any other child to go thru this. Help

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3 Lawyer Answers
William John Light
William John Light
Answered
  • Civil Rights Lawyer
  • Santa Ana, CA
  • Licensed in California

A: No. Your daughter is strong, intelligent and resilient. This is an opportunity for her to read and analyze one of the greatest American novels ever written. You should read it too. Novels tend to reflect life. While I haven't heard that word in conversation in many decades, it was more common during the period of the novel. That's life. You can't stop it or pretend that it didn't exist to protect someone's feelings. It is also very likely that your daughter likes and listens to music in which that word is commonly used, so hearing it in a novel is not likely to be damaging.

Dale S. Gribow agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you can sue anyone but it is not a case most lawyers would take on a contingency.........thus you would have to pay hourly.

it sounds like no one called your daughter the N word but rather that is was used in a very well respected novel. it is arguably a learning experience for the kids of what we do not do/say.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Civil Rights Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Perhaps you and your daughter could read this book by African American author and Harvard Law School Professor Randall Kennedy which discusses the n word and its usage in American culture. https://smile.amazon.com/Randall-Kennedy/e/B001IOF8XQ/ref=dp_byline_cont_book_1

Here is Professor Kennedy's email address and phone number: rkennedy@law.harvard.edu; 617-495-0907.

You should reach out to him for further advice on this issue. He is an expert on the topic, a respected lawyer, and you won't have to read the responses of attorneys you so easily accuse of racism. I would be interested to learn if he response is materially different from mine.

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