Are there protections about tarnishing someones reputation in addition to discrimination due to national origin?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are there protections about tarnishing someones reputation in addition to discrimination due to national origin?

As a teacher in a public school, I am struggling with getting transferred and/or promoted or getting into leadership roles being the one certified staff who is not Caucasian. In addition, I am being excluded from jobs where a person that I had a conflict with is being placed. I am told that I don’t have good interpersonal skills and that I am not qualified enough, however there is a history of exclusion and now gossiping to the point that I am having trouble getting a successful interview.

Asked on June 27, 2019 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There is a protection against having provably false facts reported or spread about you--for example, that you stole when you did not, that you had unauthorized absences when you did not, that you lack some degree or credential which you do in fact have. The proctecion is that telling other people such false facts about you is defamation, so you could bring a defemation lawsuit.
But there is no protection for opinions or subjective judgments, even if negative: anyone may have and share their opinions of another person, even if unfair oer hurtful. The claim that you lack interpresonal skills is a subjective opinion, not a provable fact, so it is not actionable. The claim you are not qualified could be a non-actionable opinion, if it is just a subjective judgment about you; or it may be defamation if they are claiming you lack some objective credential, degree, or experience that is necessary for your role but which you do in fact have.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption