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Co worker said homophonic slurs at work. Asked him to stop…

Customer Question
Co worker said homophonic...

Co worker said homophonic slurs at work. Asked him to stop and he repeated it. I reported him to HR. I am unhappy with the resolution HR proposed because it keeps me in an unhealthy environment. Do I have a case?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

VA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Not sure if it's "at will" how would I find out? And I am full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's all. Just if I have more rights. I feel like I will be losing my job for reporting him.

Submitted: 9 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/21/2017
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,484
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Generally, it is unlawful for an employer to allow discrimination or harassment in the workplace consistent with 42 USC 2000e-2. Accordingly, if you have reason to believe that your organization is not doing enough to protect you from discrimination, you may be able to file a complaint with your local EEOC (equal employment opportunity commission) and they will conduct an investigation regarding what was said and what the response was by your employer. Potentially, your employer may be liable if it was determined their actions were insufficient to stop the discrimination or harassment. .Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 9 months ago
What is considered reasonable? HR Department is only fixing part of the problem by having one co worker switch departments. But there are still 2 other coworkers (supervisors) that remain in the department. I fear retaliation and potentially getting fired by these supervisors because of my report. I asked that I switch departments to avoid retaliation from all 3 employers and HR has denied that request. Is my expectation unreasonable?
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

What’s considered reasonable is extremely difficult to quantify and it depends heavily on the facts. Only a judge or a jury could tell you conclusively whether how they responded was reasonable enough to stop the harassment/discrimination. In my experience, a court would probably find their actions unreasonable so long as your moving to a different department wasn’t going to cause a considerable headache financially or logistically for the company. What other questions did you have for me?

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Customer reply replied 9 months ago
Should I go back to work in that environment while I file a claim with eeoc? Also should I tell my employer that I'm filing a complaint? Can they retaliate against me because I'm filing the complaint? Also can I get fired for refusing to work under those conditions until they are resolved?
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

You certainly can file a claim with the EEOC and continue back in the work environment. Retaliation for filing a complaint of any kind strictly prohibited. You won't have to tell your employer that you're filing a complaint; the EEOC will do it for you. Did you have any other questions for me?

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Customer reply replied 9 months ago
I don't think that there is anyway that I could work there even for a day without being treated different. Would I still be able to file a complaint with the EEOC even if I stopped going to work for that reason? I still want to file but I don't think I can perform under theses conditions around those people I filed a complaint against.
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

Yes, you can file a complaint with the EEOC, even if you are no longer working there. This happens frequently after someone has been harassed or discriminated against.

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Customer reply replied 9 months ago
What are the type of outcomes that occur from filing a complaint? Will EEOC make the employer carry out their ruling? Is it possible that I would be awarded money?
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

The kinds of outcomes can vary. Most of the complaints are settled privately and usually involve the company offering a cash settlement to make the entire thing go away. If the matter proceeds to an administrative hearing assuming you and the employer can't work out a private agreement, then it goes to an administrative hearing where a judge would hear both sides of the case and then make a ruling as to whether the company was at fault.

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Customer reply replied 9 months ago
When I file a complaint with EEOC do I need a lawyer or will EROC advocate on my behalf?
Customer reply replied 9 months ago
EEOC*
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

You may need to get an employment lawyer or you can find an advisor to help you out. The EEOC just conducts the investigation to get all of the records and everything on file. If you find an employment lawyer or an advocate, they will be the ones to help negotiate a deal or advocate for you if it has to go to a hearing.

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Customer reply replied 9 months ago
What do you mean by advisor or advocate? Are you referring to someone employed by my employer?
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

No. What I mean is that you can have an attorney or advocate represent you during the EEOC investigation process. The EEOC may or may not find discrimination occurred, but that doesn't mean you still can't settle your dispute with your employer with the help of a lawyer/advocate.

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Customer reply replied 9 months ago
Okay would you recommend that I get an advocate to represent me for the investigation process.
Customer reply replied 9 months ago
Also since I'm not coming to work because I can't work in these conditions and I am filing a complaint with EEOC, what should I tell my employer when they call me because I haven't shown up?
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

Yes, absolutely, get an advocate. I would recommend that you have them speak with your advocate or attorney to explain what's happening.

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Customer reply replied 9 months ago
Also do I have to pay for an advocate?
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

Possibly. But sometimes they will take your case on contingency, other times they will have you pay a small fee up front. It really depends.

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Customer reply replied 9 months ago
Are there any websites or other resources that you could recxomend for finding an advocate?
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

Sure. The easiest thing to do would be to click here. This will give you an idea of the process. It's right from the federal government's website.

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