Are there protections about tarnishing someones reputation in addition to discrimination due to national origin?

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Are there protections about tarnishing someones reputation in addition to discrimination due to national origin?

As a teacher in a public school, I am struggling with getting transferred and/or promoted or getting into leadership roles being the one certified staff who is not Caucasian. In addition, I am being excluded from jobs where a person that I had a conflict with is being placed. I am told that I don’t have good interpersonal skills and that I am not qualified enough, however there is a history of exclusion and now gossiping to the point that I am having trouble getting a successful interview.

Asked on June 27, 2019 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is a protection against having provably false facts reported or spread about you--for example, that you stole when you did not, that you had unauthorized absences when you did not, that you lack some degree or credential which you do in fact have. The proctecion is that telling other people such false facts about you is defamation, so you could bring a defemation lawsuit.
But there is no protection for opinions or subjective judgments, even if negative: anyone may have and share their opinions of another person, even if unfair oer hurtful. The claim that you lack interpresonal skills is a subjective opinion, not a provable fact, so it is not actionable. The claim you are not qualified could be a non-actionable opinion, if it is just a subjective judgment about you; or it may be defamation if they are claiming you lack some objective credential, degree, or experience that is necessary for your role but which you do in fact have.


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