What needs to be proved to sue and win for a racial discrimination case?

UPDATED: May 27, 2012

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What needs to be proved to sue and win for a racial discrimination case?

2 of my supervisors use derrogatory words against ones race like “cracker”, ” I hate **** **** white people”, “the only cool white person I know is my mom”, “white people get on my nerves”. Is that considered discrimination? have told my manager and asked to be taken of the shift and go to another shift. At what point is it illegal for a supervisor to say things like this? These words have not been said directly to me but in my presence on the job lots of times. I am the only white person there and am the minority. I think this is wrong.

Asked on May 27, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As soon as these words were said in an employment context, they were illegal. Federal (i.e. national) law, as well as the law of most states, makes it clearly illegal to discriminate or harass employees on the basis of race. The comments you describe would constitute harassment. You could potentially file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or your state equal rights or civil rights agency; and/or consult with a private employment law attorney about bringing a legal action.

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.

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