Legal Question in Civil Rights Law in Missouri

I am sorry that this happened to you and your child.

If this name calling was by a private person, there may be little legal trouble they could get in. Free speech allows persons to say some vulgar things. As you described your child as a baby, it seems unlikely that they were aware that they were being called a name. That would negate any claim for infliction of emotional distress. If the person called your baby a CENSORED in your presence, and it affected you, you might have a civil claim for your damages.

If the person that made the statement was acting under any kind of governmental or official position, there might be civil or administrative channels to address the speech. You said this was a civil rights question, so that might be the case. Persons acting in an official capacity, cannot always shield their employer from liability, when making scandalous statements, like calling someone a CENSORED.. If there was a negligent decision regarding you or your child, connected with the name calling, it might allow you to have the decision reversed. If they were the person considering your application for public housing, and they said "No, because we don't allows CENSOREDs in this place." that would be a strong connection to a discriminatory basis for denying your application. This is also true if you were applying for subsidized daycare, or getting arrested. Public officials can make there ministerial decisions open to reversal by a regulatory board or Court, if based upon racial discrimination. Officials that do that, can be subject to termination for cause, but rarely criminal prosecution.

Although distasteful, there is no law against a private person using a racial slur when describing another person. But, that does not mean that society condones it. There may be nothing viable through the courts, but that still leaves the media. You can hold the person who called your child the name up to public scrutiny, by making the name calling known on social media, newspaper story, or broadcast over the air waves. As long as you are honest and accurate, you would probably not be subject to civil liability for slander or liable.

If this person was acting on behalf of a private employer, you can raise the issue with that employer and possibly hold them up to public scorn, if they knew about the incident or do too little once you tell them. Be careful making derogatory statements about the person's employer, if you believe that the name caller was acting outside of the employer's policies, and the employer was unaware that the incident occurred. You might be vulnerable to a civil suit for lost reputation and/or revenue if you overstate the facts, and it puts the employer in a bad light with the public.

This advice is explanation of the possibilities is based upon your very general statement of the facts. You should consult directly with a civil, employment, or administrative law practice attorney in your area, before deciding what to do. You need advice specific to the particular facts of the situation, prior to deciding how to respond.

Good luck