Can you Sue or file a complaint for Rude & Racial Commentary from NYC Business employee (Restaurant)?

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I went to a restaurant that serves hot foods for carry out and on premises. Of the 2 times I went I received racial slur commentary in Spanish but the workers at the counter were unaware of the fact that I am a native Spanish speaker. In either case this is just wrong for people to make racial slurs I shouldn't have to tell them I speak Spanish in order to get normal and/or good service! What can/should I do? This has happened on many occasions where I notice employees being discriminatory against people who are not of their race and make rude racial derogatory remarks. Then when you inform them you can speak their language or are from the same country, town, village, or area they attempt to take the offense back or claim it was directed to another person. Help. Thanks for helping!

Attorney Answers

2
Eric Rothstein ·
I do not see a case here. Even if there was liability for making the comments (and I don't think there is - they weren't even talking to you), I don't see any damages worth the time and money to pursue a lawsuit. Write a letter to the owner explaining what happened. If they don't address your complaint, speak with your wallet by not going to the restaurant anymore.
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Susan PernickLitigation LawyerGlen Head, NY ·
I can emphasize with your experiences. I've faced them myself. While I don't think you have any legal recourse (if you sued, it would be virtually impossible to prove what happened; any witnesses would be co-workers of the employee who spoke wrongly to you), I think you can gain some satisfaction by proclaiming loudly, in response to such an insult, in Spanish. something to the effect that you would expect better of them; aren't they proud of who they are, and what their heritage is? Only people filled with shame would stoop to talking about others in an ugly way. I hope this helps.
0 upvotes