can i sue and if so who do i sue

UPDATED: Sep 30, 2022

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can i sue and if so who do i sue

i was called the N word by another employee and nothing has been done. now he has
been promoted and I now report to him. I am worried about my job since he holds
the power over me now.
what can i do. i work in a restaurant in Florida

Asked on July 2, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Discrimination based on race or color is illegal in employment, and discrimination includes harassment based on those characteristics. If this was a one time incident, or it only happened in the past a few times but no longer, there is effectively nothing to do--the law will not provide compensation in those cases. But if harassment (e.g. use of the N-word) continues, or if you suffer any adverse employment consequences (e.g. demotion, fewer hours, bad shifts, pay cut, suspension, or termination), you may well have a viable employment discrimination claim. If that occurs, contact the federal Equal Employment Opportunity Commission (EEOC) to file a complaint. Good luck.

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 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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