If someone I know was terminated under a zero tolerance policy because he reported being racially harassed, is this legal?

Asked on September 7, 2012 under Employment Labor Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

State and federal laws protect this particular type of speech.... even from employers.  This is considered not only a discriminal claim, but also a retaliation claim.  He needs to contact the EEOC and file a claim for discrimination, hostile work environment, and retaliation.  Many of their forms are online now which make this process somewhat easier than it used to be.

Another option, is to contact an employment law attorney to help with the forms.  If the EEOC finishes their investigation and decide to take no action (for whatever odd reason) against the employer, then they will give your friend a "right to sue" letter, which means he can pursue his own lawsuit with the assistance of his attorney if he wants to--- but he is not required to. It doesn't hurt to at least file the EEOC claim, since that part is free. 


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