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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33922
Experience:  Retired (mostly)
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I am working at a real estate office and there is another employee

Customer Question

I am working at a real estate office and there is another employee that made a comment against another race, I asked to her to stop and she continued and said the same comment four more times. Each time I told her the comment was offensive and racist. After that incident this employee has retaliated against me in several ways. Along with telling everyone about the incident in an inaacurate manner she has also made some vulgar rewmarks about me. Without going into too much detail she has made it her personal mission to lie to my boss and pick at every detail of my work. She is not my supervisor and I have talked to my supervisor on several occasions. He has discussed it with the owner of the company but the owenr refuses to take any action. This employee is causing me so much stress so that I have asked to be moved from my work area into a private office away from her. Again this employee has told every agent that will listen to her about the incident and some very vulgar remarks about me in addition. to say the least its a very hostile work environment.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Hello,

Thank you for your information.

Here at justanswer.com, per website policy, in order to receive an answer, you must ask a question (i.e., a sentence terminating in a question mark: "?").

What legal question can I answer for you?
Customer: replied 3 years ago.
What can I do legally about the above mentioned situation
Expert:  socrateaser replied 3 years ago.
What you are describing appears to be a prima facie (latin: "on its face") case of race discrimination/harassment. Apparently, (1) you a member of a protected class (african american, hispanic, etc.), (2) the employer is permitting an environment hostile to members of your race to persist in the workplace, and (3) you have suffered reputational and emotional injuries as a consequence of the employer's failure to act to remedy the discriminatory activities of your coworker, thus making the employer jointly liable for the discrimination.

You can either hire an employment rights lawyer to sue the employer on your behalf (on contingency, no out-of-pocket costs to you), or you can file a complaint with the Department of Fair Employment and Housing (DFEH) and let the government handle the problem.

For an employment rights lawyer referral, see this link.

To complain to DFEH, see this link.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Lawyer
Satisfied Customers: 33922
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
I received an answer however I would like to know if I can sue her personally?
Expert:  socrateaser replied 3 years ago.
You could sue for intentional infliction of emotional distress and for defamation of character. However, these lawsuits are much more difficult to win, you would be responsible for your own attorney's fees (win or lose), and unless the defendant has deep pockets, you may never collect, even if you win. This can make it practically impossible to find a lawyer willing to take the case.

So, unless you're suing someone who is one of those "million-dollar" producers, then while you can sue, you probably will be wasting your time and money doing so.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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