Employment Law Questions? Ask an Employment Lawyer.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.
Definitely tell HR. That is highly inappropriate language for the workplace, especially if your supervisor is ever in a position to be overheard by customers or clients. Your supervisor is creating a hostile work environment for people of color. You could actually file a lawsuit, and if you win, you may be entitled to have your employer pay for your attorney's fees.
The first step in a discrimination lawsuit is a Right to Sue Letter, which you can request from the EEOC. They will investigate and either bring their own lawsuit or give you a letter saying you can bring it yourself. But you could also have a local attorney contact your employer on your behalf. A good place to find someone nearby is www.martindale.com.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.
To bring a suit under federal law, you'd need to notify the EEOC within 300 days after the incident occurs. For ongoing behavior, you're OK as long as you bring the claim within 180 days of the LAST time the supervisor behaved inappropriately. Once you get a Right to Sue letter, you have 90 days to file a lawsuit.
To bring a state law discrimination claim, the deadline is 180 days if you want the state to pursue it. But you could also file a lawsuit within up to one year if it were phrased as an intentional infliction of emotional distress claim. That requires an ongoing pattern of behavior, which usually means more than 2 incidents, but you can use multiple examples of inappropriate racial comments or behavior directed at you.
You can write a letter and send to HR yourself or have a lawyer due it. HR can speak to your supervisor even if it's too late for you to sue, to help ensure that this type of thing doesn't happen again.