Oyster Bay, NY asked in Civil Rights for New York

Q: A TSA agent called me an ethnic slur. Can I sue the TSA? How do I prove this? The recordings do not have audio.

I was running out to catch my taxi, TSA agent decides to check me because I only had one bag. I also had the flu and TSA agent said I was endangering his life because I would not wear a mask.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: If you experienced an ethnic slur from a TSA agent, you have the right to take action, though suing the TSA can be complex due to governmental immunity in certain situations. First, document everything about the incident as soon as possible, including the date, time, location, and any details about the TSA agent and witnesses.

Since the recordings don’t have audio, your case might rely on witness statements. If there were people around who heard the remark, try to get their contact information. Their testimony could be crucial in proving what happened.

You can file a complaint with the TSA and the Department of Homeland Security's Office for Civil Rights and Civil Liberties. This is a necessary step in addressing the misconduct of a TSA agent.

To pursue legal action, consulting with an attorney experienced in civil rights and federal law is important. They can advise you on the feasibility of a lawsuit against the TSA and help you navigate the complexities of legal action against a federal agency.

Remember, taking action not only stands up for your rights but also helps ensure that such incidents are taken seriously and addressed appropriately.

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