what can i do?
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what can i do?
about 2 weeks ago at work, 2 employees were entering the building and both
greeted me with a hello and right after one said to the other ‘its sergio, trump
hasnt deported him yet’ they both giggled about it and i didnt know how to react
so i giggled back with them.
Asked on December 9, 2016 under Employment Labor Law, Illinois
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you report the matter to higher-ups--and if one of the persons was the HR coordinator, you'd have to go over his/her head, to someone with authority over him/her (normally, if HR wasn't one of the culprits, you'd go to HR)--and they do not take reasonable action to investigate and prevent a recurrence, then the company may be liable for illegal national origin-based discrimination or harassment, and you may have a claim for monetary compensation. A company cannot control all its employees all the time, which is why they do not become liable the first time there is a negative or harassing comment; however, they do have an obligation to investigate and take reasonable steps to prevent a recurrence. If they don't do that--so if they allow this to pass without investigating, or if there are repeat occurences--then that failure to take steps to avoid discrimination or harassment can make them liable. So if there is some future repeats of this, or a blatant refusal to take action about this comment--to even look into or investigage it--you may wish to contact the federal EEOC to possibly file a complaint.
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