Oklahoma Employment Law Attorney
The average American has to work for a living. They need to pay bills, buy food and have a roof over their heads. Consequently, they have no choice but to go out into the world most days and deal with others on the job.
While the workplace is more egalitarian today when compared with the past, there still remains a fair amount of racism. Quite simply, some people seem to always have a degree of dislike for those who are different. These feelings do not stop when they walk into the office.
So, what should a person do when a fellow employee, supervisor or client refers to them using a racial slur? Well, there are many things that can be done. However, handling the situation in a legal manner is probably the wisest course of action.
Contact Frasier Law. We can help.
Using racial slurs in the workplace is a form of harassment. One who does so has probably violated the 1964 Civil Rights Act, and subsequent state legislations. In reality, it is most likely that the victim will want to sue the employer for creating and allowing a hostile work environment.
A lawyer can sue on various grounds, such as that the employer or company failed to institute a training program to teach workers to appreciate diversity. It is the responsibility of the employer to ensure that all employees are able to make positive contributions and progress on the job. It is difficult for workers to do so when being called derogatory names. Thus, the courts will look at the case facts to discern if the workplace was ultimately hostile, making the use of such a slur more probable than it should have been.
Time To File A Discrimination Complaint
It is necessary for anyone referred to in a racially derogatory manner at work to file a complaint within a certain time period. Victims cannot wait until something else happens, for example their termination for poor performance, and then decide to retaliate through a racial discrimination suit. The courts tend to look unkindly upon such use of the legal system.
Instead, those who suffer such harassment should file federal suits with the Equal Employment Opportunity Commission (EEOC) within 180 days of the incident. Some states may extend this time limit. Federal employees, who are expected to be more familiar with the laws, should file a complaint within 45 days of the incident.
Ask A Tulsa Discrimination Lawyer
A lawyer is the best source of information on this topic. There are many factors to consider. For example, the size of the workplace could influence which state or federal laws apply. Learn how we can help, contact the Frasier Law Firm.