Can I sue my employer for discrimination and emotional distress due to his behavior towards me?
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Can I sue my employer for discrimination and emotional distress due to his behavior towards me?
My employer is concstantly picking on me. He asks if I speak English. He slapped my hand the other day like I’m a child or something. I have more examples of his behavior toward me. Do I have a legal reason to sue him? Can I get a pro-bono attorney for my case? I’ve been working for him 11 months now. I am a server.
Asked on February 12, 2012 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally speaking, employers may harass and cause emotional distress to their employees. The only exception is that they may not discriminate or harass on the basis of race, religion, age over 40, sex, or disability under federal law; Washington State adds several other categories which are protected, of which only one seems like it may be relevant to your situation: national origin. If you believe you are suffering harassment due to one of these classifications, you could file a complaint with your state's Human Rights Commission or else meet with an attorney about possibly filing a lawsuit. (Note: when there is illegal discrimination, the employee may be able to win attorney's fees, so he or she would not have to pay for a lawyer; since many attorneys provide a free initial consultation to discuss a case, it would be worthwhile to meet with a lawyer and discuss this possibility.)
If you want to file a complaint with the state, here's a website that may be helpful: http://www.hum.wa.gov/ComplaintProcess/Index.html
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