Ohio Racial Discrimination Best Answer: Should I report my boss for making racial comments? Can I sue my manager for making racist comments or for using the N-word? What kind of lawyer do I need to sue my employer for wrongful termination?
Racism should always be a surprise in 2015. It should be an exception to what goes on in our society. Unfortunately, our employment discrimination attorneys see racial discrimination in the workplace to often be surprised when it comes up. In fact, our employment discrimination lawyers often blog about these race discrimination problems that face our workforce in Ohio and beyond. (See Can I Sue If My Boss Racially Discriminated Once? I Need A Lawyer!; Race Discrimination: Using The “N-Word,” Even Once, Can Create A Hostile Work Environment; Race Discrimination: Minority Bosses Cannot Use N-Word Either; Race Discrimination: Customers Are Not Always Right; What Should I Do If I Was Rejected For A Job Because I’m Black? I Need A Lawyer!; and Can I Sue My Employer If My Boss Calls Me A Lazy Stupid African? Best Lawyer Reply!).
So, as employment discrimination lawyers, it is hard to surprise use when comes to racist conduct and racism. But, today, I was surprised. Specifically, having grown up in the 1980s, I idolized the WWF wrestlers (that was before it became the WWE). I went to wrestling matches with grandfather and my brother even got called up to dance with the Junkyard Dog. All the wrestlers from Rowdy Roddy Piper, Jimmy Superfly Snooka, Andre the Giant, Jake the Snake Roberts, the Ultimate Warrior, and even the likes of Hacksaw Jim Dugin and Hillbilly Jim were great. But, Hulk Hogan was always the best. He was the draw, the hero. He was the good guy’s good guy, “brother.”
So I was surprised by the news today that the WWE fired the Hulkster for getting caught on video, albeit in a three year old sex tape, going on a racist rant that included repeated use of the N-word and being disgusted that his daughter brook may be having sex with a Black man. (Read about more of his racist comments here.) In fact, Hulk Hogan openly admitted to being racist and said, “I guess we’re all a little racist.” No, Hulk we are not all a little racist. That is what racists say to make them feel justified. God, I wish it had turned out that it was really the Iron Shiek, Big Boss Man, the Million Dollar Man, or Brutus the Barber Beefcake that had made these evil racist comments. But, that was the surprise. People that you may think are nice in good, can be closet racists.
This applies in the employment setting too. There are bosses that will pretend to be all nice and sweet and then act racist and discrimination against African Americans at every chance they get. But, all it takes is one slip up for the racist attitude of a boss, manager or supervisor to get out. As Will Rogers once said, “It takes a lifetime to build a good reputation, but you can lose it in a minute.” Just ask Bill Cosby. Once a manager is tainted with racist acts, all of his or her conduct must be viewed in light of that bias. This is particularly true when the N-word is used, like Hogan did. As our lawyers have previously quoted the holding in Ayissi-Etoh v. Fannie Mae, et al., a federal appellate court held: “perhaps no single act can more quickly alter the conditions of employment” than “the use of an unambiguously racial epithet such as ‘nigger’ by a supervisor…This single incident might well have been sufficient to establish a hostile work environment.”
But that was not the only thing that surprised me about this racist event. I have to admit, that I regularly expect the worst of employers, especially when it comes highly profitable employees. While it was a highly visible entertainment personality here, our lawyers have seen companies refuse to fire rainmakers, executives, and entrenched managers that have engaged in race discrimination or sexual harassment. We often then see the retaliation and wrongful termination of the victim of such horrible conduct. But, the WWE swiftly fired Hogan. Of course, the Hulkster has been in litigation since 2013 about the sex tape so we don’t know how long the WWE has actually know about the sex tapes. But, accepting the swift termination reports as accurate, this is exactly what employers need to do when confronted by such racist conduct, especially when it is caught on video or audio recording.
But, I have a better solution to all of this: Make the Hulkers and Cosby live in a house together and video the entire thing. “Yeah, I took the last pudding pop, Cosby. Whatcha gonna do?”
In Ohio and across the country, Title VII of the Civil Rights Act of 1964 and the Ohio Fair Employment Practice Act (R.C. § 4112.02(A)) from being discriminated make it illegal for employers to discriminate against employees on the basis of race, included in making decisions on hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race or color, religion, sex or gender, or national origin. Additionally, these laws make it unlawful for employers to from retaliate any person because that person has opposed an unlawful discriminatory practice, made a complaint, testified, or assisted in any investigation, proceeding, or hearing under this law.
If you feel that you are being discriminated based on your race, whatever race that may be, then call the right attorney. Race discrimination includes being harassed, fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, and denied wages. When you call the right attorney to schedule a free and confidential consultation at 866-797-6040, you will meet with a race discrimination lawyer from Spitz, The Employee’s Law Firm who will help you determine the best way to pursue your legal claims.
The materials available at the top of this race discrimination page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking: “What should I do …”, “I’m being discriminated against …”, “my boss is discriminating against me because …” or “How do I …”, your best option is to contact an Ohio attorney to obtain advice with respect to race discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, attorney Brian Spitz, or any individual attorney.