Legal Question in Discrimination Law in Virginia

Re: Can anything be done

A few racial statements doesn't make a company racist or subject to employment discriminationn claims. There has to be a lot more to it than that, and you have to give the company a chance to discipline the employee, if they see fit.

Report the incident in writing to your boss, or your bosses boss, and step through whatever process they have. If nothing is done and it happens again, report it again. After a series of reports, then you have enough to go to the EEO with a complaint that the business is doing nothing to stop racial harassment.