If my boss made a racial remark today that made me feel really uncomfortable, is there any legal action that I can take?

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If my boss made a racial remark today that made me feel really uncomfortable, is there any legal action that I can take?

He was talking about Yom Kipor coming up and how we can’t contact Jewish customers. He went on to say we have a lot of jewish customers and they are all cheap. I am Jewish and it made me very uncomfortable.

Asked on September 24, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Racial and religious discrimination or harassment (note: anti-Jewish conduct would mostly be considered religous discrimination)--including making negative remarks about an employee's religious group--in employment are prohibited by law. The amount that an employee injured by such harassment could recover in such a lawsuit, however, is limited to the extent of the damage suffered by the employee; thus, for example, a one-time remark, unaccompanied by any negative employment action (i.e. not accompanied by demotion, being paid less than non-Jews, etc.) is unlikely to support a sufficient award of compensation to justify the cost and effort of a lawsuit. Therefore, while you may wish to report this remark to the federal EEOC or the state equal/civil rights division, it is most likely not worth retaining an attorney and bringing your own suit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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