can a employee sue a company for racial and sexual remarks on the job?
963667
YES, BUT GOOD LUCK TRYING TO PROVE IT. THEY SEEM TO COVER THEIR BUTTS PRETTY GOOD.
174243
It depends on if this is a work place, school, club, public restroom, who, where, what, when and why not to mention how.\n\nThe victems consequences are just as varied. \n\nPlease elaborate? In the mean time, read this and your answer might already be given.\n\n\n\nSexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.\n\nUnwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.\n\nSexual harassment can occur in a variety of circumstances, including but not limited to the following:\n\nThe victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. \nThe harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. \nThe victim does not have to be the person harassed but could be anyone affected by the offensive conduct. \nUnlawful sexual harassment may occur without economic injury to or discharge of the victim. \nThe harasser's conduct must be unwelcome. \nIt is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.\n\nWhen investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.\n\nPrevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.
981567
In UK, I really don't think so. I have to hedge my bets, because it's hard to know for certain that something hasn't happened, but I'm pretty certain there's no applicable law.\n\nHowever, if someone was using length of service in a discriminatory way, and you could prove this, you would have a case. For instance, giving holidays based on length of service could be considered disciminatory to women (because they may have had a career break to have children). But I don't think there's any case law on this. In other words, no-one's won a case.\n\nThe only recent "employment" law is about age, but that can't apply in this case. Ultimately holiday conditions are between your employer and you.
364271
Yes. Legally you can be fired for that. Not all employers would do that, if they have a heart, but I know a few that would and have done it in the past. Sorry.
695095
Title VII of the Civil Rights Act of 1964\n\nhttp://www.eeoc.gov/policy/vii.html\n\nhttp://www.eeoc.gov/facts/fs-sex.html\n\nUnwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.\n\nSexual harassment can occur in a variety of circumstances, including but not limited to the following:\n\nThe victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. \nThe harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. \nThe victim does not have to be the person harassed but could be anyone affected by the offensive conduct. \nUnlawful sexual harassment may occur without economic injury to or discharge of the victim. \nThe harasser's conduct must be unwelcome.
838733
Tough question.  If you're an at-will employee, in most states, they can fire you for any reason, or no reason at all.  \nSome states have "service letter" statutes, which require that your former employer provide you a written letter explaining why you were fired.  If they don't provide that letter, then you can use them for damages.\nhttp://www.timslaw.com/serviceletter.htm\n\nIn addition, if you were a state employee, you might have certain additional rights. Same thing if you were in a union.\nFinally, this may be a pretext for a discriminatory termination (are you a minority? old? young? different ethnic group? disabled?) If so, then that may give you a cause of action as well.\n\nI would talk to a lawyer soon, not with the expectation that you will get to sue, but he will listen to your circumstance and give you reasonable advice.  Most plaintiffs' employment lawyers will not charge you for an initial consultation and will not charge fees (but will charge costs) unless you are successful.
1142618
I don't think they are allowed to fire you based on that because it would be discrimination.  That doesn't mean that they can't come up with some other stupid reason instead.  Just be careful and consult an attorney just in case.
846894
Actually in the US it isn't illegal to give a bad reference although most companies steer away from it due to fear of lawsuits.  I have worked for one company that will disclose all negative, as well as positive information they have in their HR file and staff that have sued as a result.  The former employees that I know that sued did not win their suit as both types of infomation was given and some other legalities I am not aware of.  Can you sue?  Absolutely.  Will you win is another question.  And what's the point of suing if you cannot win.  Usually HR departments will only state title, dates of employment and salary confirmation though.  I suggest calling your old boss and trying to find out what he has against you.  Perhaps all was not right when yu left or maybe he has a personal grudge.  If you did something that left him upset, apologise or explain your point of view.  Ask him if there is a problem in using him for a reference,  If there is, don't use him.  It sounds like you have other references at that same job that will be better anyway so you may not need him.  As for losing the other job, I guess you could explain any problems with your old boss and take responsibility for whatever is yours to take responsibility for but I honestly don't know if it would help much.  Keep looking.  There are other good jons out there and now that you know there is a problem you can rectify it.  Good luck!
181290
Absolutely! Either that or file a complaint with your company. This is going against the codes of business ethics, and if pushed, can result in a discrimination case.\nIf you are offended by the use of that word, then it would be considered a "hostile work environment." I personally get pretty ticked off when anyone uses that word around me.
259034
Sexual harrassment in the making.\n\n\nTell the dude thats hitting on you to bug off and warn him of your intentions. If he fails to heed your warning then you need to advise your supervisor, manager, head honcho of the situation or Human Resources. If the management or HR fails to correct the situation and the harrassment continues, then they can be held liable and litigation can result.
108192
First, I would be going to the owner of the company and lodging your complaint, since it is a supervisor that the harrassment charges are being leveled against.  If this does not resolve the situation, then I would talk to an attorney about the matter.
567290
Sue your boss! Call it...sexual harassment!
385293
Do you realize that posting a perons name and making accusations like you did, is illegal. If this person were to find out you have done this, he would be very smart to initiate a law suit against you. You might want to consider taking his name out, and maybe not worrying so much about the sexual orientaion of your co-workers.
339368
No. Labor laws vary by state, but that isn't a God-given right, the way life, liberty and the pursuit of happiness are.\n\nIn fact, in a worse-case scenario, if you posted pictures from the "Big Topless Babes on Big Bikes" Magazine and the corporation did nthing to stop you, a woman who was offended could sue them for a couple of hundred thousand dollars for sexual harassment.\n\nVirtually all corporations have policies about bulletin boards. Most of them don't want sex, politics, money or religion discussed in the work place or posted on their bulletin boards, so, if they have one, they don't allow tracts from competing denominations, political posters, ads for Avon products or offers from "generous" older men looking for discrete single women 18 - 25 who look good in tight tops.\n\nThe possibilities for mis-use are endless. If they let you put up a BB with cute pictures of your puppies / grandchildren / kittens / roses, they have to let me put up one with cute pictures of my new wife in a bikini, plus posters for the WatchTower warning everyone that the end of the world is coming. Then they have to have an HR person come by and argue with me.\n\nIt is just easier to say "no". Most corpoarte BB's have nothing but the OSHA warnings, position announcements and flyers about the company picnic. They are safe but dull.\n\nIn a related issue, you have the freedom of speech, but you can't spend company time trying to convert your fellow employees to your brand of politics or religion; they are paying you to be an accountant, programmer, mechanic, clerk, CEO, sales person, waiter, etc etc. They frown on you doing it on lunch breaks, too.
856846
Hello:\n\nYou may have a hostile work environment claim.\nTo prevail, you must show:\n\nThat the assistant manager engaged in unwelcome behavior that is: offensive to the reasonable person, severe or pervasive, and alters working conditions to create an abusive working environment.\n\nYou may also have a retaliation claim if you can show:\nThat your employer took adverse employment action against you ("picking at your performance"), and that a causal relationship exists between the "picking", and your mentioning the offensive behavior to your boss.\n\nBecause the assistant manager is a "supervisor", you may be able to hold your employer (the company) strictly liable for his actions.\n\nI'm not an attorney, and this is not legal advice, but I think you should speak with an employment law attorney.  Good luck!
261962
Absolutely.  Employers can do pretty much what ever they want as long as it doesn't violate a contract agreement, local, state, or federal law (like discrimination), or in the case of union employees, their collective bargaining agreement.
392690
No not slander specifically.  Slander involves someone who tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit.\n\nWhat your employer may have fired you for is malpractice (depending on what you do), or just simply for bad character, which they can fire you for (check with your employee handbook).\n\nI don't think you will be able to sue for wrongful termination.