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Legal-Guru, Criminal Justice Lawyer
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I am currently working in USA, and I come from eastern part

Resolved Question:

I am currently working in USA, and I come from eastern part of India. In India I have faced many kind of discrimination based on region, which is very rampant in India especially in Mumbai.

Now in the USA, my another colleague is from Mumbai. He keeps insulting me in front of others/my boss by calling names like "these North Indians".

I would like to stop this without getting physical. Is there a way out here?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Guru replied 1 year ago.
Welcome to JustAnswer. I am sorry to hear of your problems from your co-worker.

I would suggest that you speak to your employer. If your employer employees 15 or more employees, you have the right to be free from harassment because of national origin. Your boss should speak to your co-worker and tell him to stop the harassing conduct.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1359
Experience: Experienced Criminal Trial Attorney since 1998.
Legal-Guru and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for your reply. I am a contractor at the company, not a employee.


At this point I have already asked a him a few times, I will give it a try again and will ask my boss too.


 


But after that is there a way a way to file a legal case? I hope it does not come to that.

Expert:  Legal-Guru replied 1 year ago.
Thank you for the additional information. You are correct that Title VII of the Civil Rights Act only covers employees although your contract's terms identifying you as a contractor may not necessarily be determinative for Title VII purposes. (see link to article below)

But after that is there a way a way to file a legal case?

It is not criminal. The only legal recourse would be suing your employer if they do nothing to prevent it after you report it to them, however, that is an uphill battle. If it were me, I would address it with my boss, and if they are unwilling to address the issue, I would look for another job.

http://www.ogletreedeakins.com/publications/2012-04-09/issue-independent-contractor-may-be-viewed-employee-purposes-title-vii-liabi
Expert:  Legal-Guru replied 1 year ago.

I see that you rated my answer as "poor". Please tell me what part of your question I failed to answer.

Customer: replied 1 year ago.

sorry, I was not happy because you did not provide any detail related to workplace harassment or discrimination/bullying. But I just upgraded it to OK service.

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