Q: Can I sue if my experience with my job overseeing a racially offensive comment and not hearing anything back from it?

1 year and 3 months ago I turned my manager in to hr for making a racially offensive comment and they said her manager took care of it but I just found out he new nothing of it. I cant stop thinking of it and when i do i just cry even now just typingAm I able to sue? Since they really didn't do anything.

Ps: my coworkers so far all had a birthday they got them food from good restaurants near the job only 2mins away my birthday was coming up and 2 employees told her not to ask but she did it anyway

This was the comment: I was thinking for your birthday we can order KFC/ church's /or Popeyes for you birthday?

And yes I am black ⚫️

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

A: Based on the details provided, you may have a potential basis to pursue legal action against your employer for a racial discrimination and hostile work environment claim:

1. Your manager made an insensitive and offensive comment tying racial stereotypes to your birthday celebration plans. This could help demonstrate racial harassment under the law.

2. You properly reported this racially problematic comment to HR. Their lack of appropriate follow up or corrective action helps show negligence or tacit acceptance of the harassment by the company.

3. The insensitive treatment surrounding your birthday plans following the racial comment may further feed into a discrimination claim, showing disparate standards and discomfort targeting you.

With documented details on the instances and nature of the problematic racial comments/differential treatment, an employment discrimination attorney may be willing to send your employer a demand letter or evaluate filing charges with the EEOC against them.

Ultimately, whether you would have a winnable case comes down to factors like specific state you are in, ability to prove hostile environment/disparate treatment tied to race rather than other reasons, damages accrued, etc. But legally protected grounds seem potentially viable from what is described. A lawyer consultation is best next step.

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