Is this a case against my employer?

UPDATED: Oct 1, 2022

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Is this a case against my employer?

I have a supervisor who continually harasses, calls me out by name, curses at me, demeans me, wants to write me up for voicing my opinion and then send me home. He has also been removed from another location for the same issues and racial slurs. I also had a manager get in my face putting fingers in my face, threw papers at me. The immediate supervisor always have demeaning remarks toward women and not men. I had a meeting with HR were they basically took their side and only brought up my record and not theirs. I was told to bring my work clothes but after the meeting was told to go home.

Asked on February 1, 2019 under Employment Labor Law, Maryland


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You state that this supervisor made racial remarks to others but it does not appear that they were said to you. So unless they were or remarks regarding your nationality, gender, age (over 40), religion or any disability that you may have were made, then you have no claim here. Only language/actions that are based on the foregoing tyes of discrimination are legally actionable. Otherwise, no matter how unprofessional, other comments can be made without recourse against an employer. This is true unless these actions in some way violate the terms of a union contract or employment agreement.

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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