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Hostile work place and discrimination

Discussion in 'Human Resources' started by Kimlettie, Sep 17, 2020.

  1. Kimlettie

    Kimlettie Law Topic Starter New Member

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    So not sure what to do but here is my
    Situation if anyone can help. I walked into my
    Supervisors office and he and another supervisor where talking horribly about black people. Using the N word to other employees. I was so stunned about what they where saying then the convo went to mixed race marriages and kids. And how they are as bad or worst. I bolted out the room bc I am a white male with a black wife and mixed child. It was ether stay and probably lose my job for fighting over the subject. I went back to my office and about a our later went back bc this had to be talked about and when I walked in on the two again and said how disrespectful they where I had a walki talki thrown at my head and told Who fucking cares. I assume
    They may have been drunk as well but idk what is in another mans cup. So I go back to my office again and went to call my wife about it all. I look at my
    Phone and there was a voice mail. The two supervisors before any of this had happened to called my phone And never hung up so my
    Voice mail is them using the N word. I told another supervisor about the situation and he went to Hr and the hire up bosses about it all. The two men are now fired. They are getting lawyers and all that to fight it. Should I get myself a lawyer or wait and see what happens. Also people are telling me I can sue for work place harassment and discrimination. Anyone have a thought on all of this.
     
  2. justblue

    justblue Well-Known Member

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    What state?
     
  3. army judge

    army judge Super Moderator

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    Anyone can sue anyone for anything.

    But, can anyone prevail?

    You say you're Caucasian.

    Caucasian isn't a protected class, insofar as racial discrimination applies.

    How old are you?

    That might not apply either, because nothing was said about your age.

    In fact, unless the two yokels ADMIT to the unsavory behavior, you have no proof either yokel said anything discriminatory.

    They are two in numbers.

    Alas, you're only one.

    Your best play at the moment is to try to become invisible.

    If things were as you typed, the two yokels might just be the tip of the iceberg.
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    In the US if the employer is a private employer (i.e. not the government) the way hostile work environment situations created by other employees in the workplace is handled under federal law that have employment discrimination laws is that the employer is only liable for the harassment if the employer fails to put a stop to it once the employer has been informed of it. So here, you mention only this one incident, you complained about it to the company, and the company fired the offenders, which certainly means they won't be doing it again. That's all the company was required to do.

    So if you worked for a private employer there is likely nothing you could get suing under federal law over this. Most states with employment discrimination laws generally follow the federal scheme for this, but since state laws do vary the state does matter.

    If you were employed by a government agency then the rules may be different. Also It would help if you told us the state and whether you worked for a private company or a government agency.
     
    hrforme and mightymoose like this.
  5. mightymoose

    mightymoose Moderator

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    It sounds like the matter has been handled. There is nothing for you to do and nothing to sue over.
    I agree that the company took decisive action by firing the two and that action will defeat any hostile workplace argument.
    Move on knowing that you're company doesn't put up with that kind of behavior
     
    hrforme and Kimlettie like this.
  6. Kimlettie

    Kimlettie Law Topic Starter New Member

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    New Jersey
     
  7. Kimlettie

    Kimlettie Law Topic Starter New Member

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    New Jersey and government job
     
  8. cbg

    cbg Super Moderator

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    Federal government? State? Municipal?
     
  9. Kimlettie

    Kimlettie Law Topic Starter New Member

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    Sorry state and the hole can I sue I sent a big deal just worried mostly everyone involved is lawyering up
     
  10. Zigner

    Zigner Well-Known Member

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    Why do you think this concerns you? Is there any indication that you are personally being targeted (legally speaking)?
     
  11. cbg

    cbg Super Moderator

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    I really don't see anything to sue for. You complained and they took immediate action. They've already fired the guys - what more do you expect them to do?
     
    army judge likes this.
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Ditto.
     
  13. Tax Counsel

    Tax Counsel Well-Known Member

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    Ok, that explains why they are protesting their firing: they have some civil service protections that private employees do not have. Just based on what you've said I don't see anything that suggests they have a good shot at getting their jobs back. If they do come back and they repeat the offending behavior, complain again and see what happens. If the agency can't make it stop then you'd have something to pursue in a civil lawsuit.
     

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