Legal Question in Discrimination Law in District of Columbia

Name Calling

My husband is african american. There is a non managerial staff member that calls him �nigger�, and often uses the term freely. This on many occasions has been done in front of a Supervisor and Manager, of the Caucasian race. None of them has pulled him aside or stopped him from making these comments. My husband is just hanging on to this job to keep food on the table until something better comes along. What can be done without my husband losing is dignity and job?


Asked on 9/14/05, 9:34 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Name Calling

Federal antidiscrimination law prohibits an employer from taking adverse actions against employees with respect to hiring, promotion, compensation, benefits, etc. on the basis of race, national origin, sex, religion, etc.

In order to initiate a viable claim in federal court, your husband would need to show that he

was the subject of specific adverse actions by his employer that denied him a specific promotion, pay increase, or other benefit

or that he was unfairly demoted or victimized by some other action by his employer which affected his compensation or other benefits and that the adverse action was racially based.

Name calling by another employee, however opprobrious, would not be enough to make his case.

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Answered on 9/16/05, 8:58 am


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