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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20400
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am Mexican. I had this new guy at work that wouldn't say

Customer Question

I am Mexican. I had this new guy at work that wouldn't say my name right,so I told him to call me by my last name which he would say it wrong. So he goes on and tells me he will just call me a jalapeno. When I told my supervisor he said people just say dumb things. Now this same guy is trying to say I got into it with him. I haven't talked to him since the jalapeno incident. The supervisor always takes the person's side if he's white. Now I grew up with different races and I've never seen or heard so much racism. If I go ThOR they tell me to write a statement which probably gets filed in trash. So what can I do because he's already made this black guy go to a different department and I can't change my hours which is what HR told me I should do. What can I do?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question. Can you clarify if you have filed a formal complaint of discrimination with HR? If so, was this after these incidents you described and was their response that you should transfer?
Customer: replied 2 years ago.
That's what they suggested
Expert:  Marsha411JD replied 2 years ago.
Thank you but you didn't answer all of my questions. I will try to address your question anyway. If you did file a formal discrimination complaint with HR and they didn't resolve the issue (i.e. it is still going on), then you only have a few options. One is to ignore this other person and try to manage around him as much as possible (which may be hard I know) or file a complaint with the Texas Human Rights Commission and the EEOC. They will try to set up a mediation with your Company to resolve the issue and if that doesn't work they will investigate your case and either file suit if they think your case is substantiated or issue you a right to sue letter that gives you the right to file suit. Usually best to try to handle this within your company but if you have tried and failed, that is your option. Your employer cannot lawfully retaliate against you for filing your complaint. Please let me know if you need any clarification.
Expert:  Marsha411JD replied 2 years ago.
Hello again, I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer that I provided to you on the 21st. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: Thank you.