What Can I Do if I am Being Harassed Based on My Race or National Origin?
Harassment Based on Race or National OriginWhen we think about workplace harassment, the first thing that usually comes to mind is sexual harassment. But it also can be actionable discrimination if you are being harassed at work based on your race or national origin.
Extreme examples would be the use of the "N" word in the workplace that is not addressed after being reported to management. Other examples include repeated comments in the workplace that are disparaging to your national origin- comments about terrorism to a person of Middle Eastern descent, or about illegal immigration to a Latino employee. If it is severe and pervasive enough that no reasonable person in your shoes would continue to tolerate it, you may be able to resign and bring a discrimination claim under a theory of "constructive discharge." You should discuss this with an employment lawyer before making that decision, because proving constructive discharge can be challenging. You do have the right to report the behavior to management and ask for it to be addressed, without fear of retaliation. If you are terminated after making such a report, and can show some causal connection between your complaint and your termination, you may have a claim for wrongful termination. Learn more here about Massachusetts discrimination laws. |
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, been interviewed by the Massachusetts Superlawyers magazine about non compete agreements, and written an op-ed in the New York Times about the dangers of non competes. Along with the rest of the slnlaw team, she has helped hundreds of clients navigate, negotiate, or defend against their non compete agreements.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped many clients understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna works with employers to develop reasonable and enforceable employee agreements, including non competes. She has also helped employees understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients both evaluate and negotiate their non compete agreements, and defended non compete claims in state and federal courts.
How We Can Help
We have years of experience representing individuals and small businesses solve many different employment problems, large and small. You can use the button below to schedule a call back from a member of our team to learn more about working with us, or give us a call at 781-784-2322.
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