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JB Umphrey
JB Umphrey , Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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Hello Im a african american woman and I work for hilton hotel

Resolved Question:

Hello I'm a african american woman and I work for hilton hotel embassy suites in anchorage ak. And have been over a year now and three days ago a older caucasian guest (a corporate BP member) basically called me a ni**er and my job did absolutly nothing about it didn't even talk to him about it didn't apologize for it happening....just act like it didn't happen because he works for that right can they let guest treat me like this? I mean I'm alway there when they call on my days off I do someone elses job on the weekend without being paid the proper amount for doing it and that's the way they treat me like really?
Submitted: 3 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 3 years ago.
Welcome and thank you for your question!

I am very sorry for what you have experienced. It would be helpful to better understanding, knowing that the guest's behavior is inexcusable, what is the outcome that you are seeking?
Customer: replied 3 years ago.

I want to put them in the paper for not doing anything because they are condoning to racial discrimination...would that be illegal? And do you think could lose my job for doing so? Because I'm a single mother and afford for that to happen...but refuse to be treated this way should contact a attorney?

Expert:  JB Umphrey replied 3 years ago.
Thank you for the follow-up. What you have described is not racial discrimination because you were not fired or disciplined because of your race.

What you've described is that a customer used a racial slur which could be considered to be a hostile work environment. However, because it only happened once, it is considered to be a stray remark. It's not really a legal injury in the eyes of the law.

Again, the customer's conduct is not excusable; however, the employer did not violate any laws. The employer is not responsible for the customer's actions.

Of course, the employer could have taken action against the customer -- but there is no law which requires the employer to do so.

You can certainly go to the local media to complain. Could your employer fire you for going to the media? Yes. There's no law that would prohibit that.

You could go and complain to corporate. Matthew W. Schuyler is the Executive Vice President and Chief Human Resources Officer for Hilton Worldwide. Then they could follow-up with your local management team.

Worldwide Headquarters
7930 Jones Branch Drive
McLean, Virginia 22102

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 3 years ago.

Ok thanks for looking the number up for me your awesome! But would they be able to fire me for calling corporate to complain about the issue? And last question I'm sorry..BP has a contract with our company so there employees are constantly in and out of our hotel for months at a time so I'm sure to come face to face with him unfortunatly, would it be valid to call them and complain about that specific employee and his action and maybe they could confront him about it...and if so, would my job have a valid reason to terminate me then? I'm sorry I just can't let someone belittle me this way...anymore advice you can offer? in the mean time going to be searching for diffrent employment. Thank you

Expert:  JB Umphrey replied 3 years ago.
An employee cannot be fired in retaliation for filing a complaint about a hostile work environment based upon racial harassment.

From a legal perspective, if this person continues to harass you, then the employer has to do something when you report it. They don't have to do anything with a one-time occurrence.

Personally, I would focus on getting the new job. Get that secured, then go to HQ to complain about local management. This way, you get your point across and maintain your personal dignity without jeopardizing your paychecks just because your managers are morons who lack respect for their own employees. That's me. Others may differ. I, however, know what it's like when you unexpectedly lose a job and I've represented a lot of employees who have been in that boat. It's a real risk and it's not a gamble I would encourage anyone to take.

~~ J.B.
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience: Assisting employees and employers for over 14 years.
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