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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was fired because another driver which happened to be African

Customer Question

I was fired because another driver which happened to be African American male working as a Truck Driver on a seasonal farm. I was at one site and another African American driver was at a another site. The owner fired the other African American driver and called him the "N" word and told him he didn't care how he got back to the yard which was over 50 miles away. He called me and I asked permission from my supervisor to go get him and take him back to his car. My supervisor approved of me going to get him and then later that night the owner called and fired me as well.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Based on your facts, it appears that you may have been the victim of racial discrimination---either directly, or indirectly---both of which are unlawful under both CA law and federal law.

CA law prohibits harassment and discrimination in the workplace and you may well have a legal remedy.

Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards the conduct as undesirable or offensive.

You will want to file a formal complaint with the CA Department of Fair Employment and Housing alleging Sexual Harassment.

You must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at 800-884-1684, or apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you.

Alternatively, you may file a complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees, they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call (800) 669-4000. EEOC website: www.eeoc.gov

Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex and Disability of an individual, with regard to hiring, promotion and firing.

After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers. I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

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