Can I sue my employer for calling me a retard and stupid?

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Can I sue my employer for calling me a retard and stupid?

My area manager called me retarted and stupid.

Asked on November 4, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends--are you developmentally or cognitively or mentally challenged in some wa?y If you are, then calling you "retarded and stupid" may consitute illegal discrimination against or harassment of the disabled, in which case you may have a legal cause of action.

On the other hand, if you are not mentally or cognitively or developmentally challenged in some fashion, then these words are mean-spirited insults, but not actually legal harassment or discrimination--i.e. you can't discriminate against someone on the basis of a disability if they are not disabled.  The law does not punish people or provide compensation just on account of insults or because they are nasty. So if you are not mentally disabled in some way, you most likely do not have a cause of action or any legal claim.


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