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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32153
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Customer Question

hello
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Do you have an employment law question for me please?
Customer: replied 2 years ago.

Where i work there are Mexican and Americans working together. We have a no tolerance foul language rule. Since all of the managers do not speak much English, the Spanish speaking employees get away with saying anything they please, the English speaking employees have to watch every word, I see the Mexicans are at times baiting the Americans, i feel the workplace is becoming a hostile environment, this is difficult to prove to management since a Mexican can say...oh i do not understand

Expert:  Tina replied 2 years ago.
I see. Thank you for the additional information.

How is the situation becoming hostile? How are the Mexicans baiting the American workers?
Customer: replied 2 years ago.

hostile? i can see this coming to a head, tense moments, frustration, short tempers.


 


Baiting? a Mexican will walk by you and call you f**king asshole, gringo, fagot, or whore if you are a woman.


This is going on with both sexes., ,

Expert:  Tina replied 2 years ago.
I see. Thank you for the additional information.

This appears to involve a case of reverse race/national origin discrimination since the employer should be able to decipher at least these derogatory terms that you have indicated. The proper course of action would normally involve filing a complaint with the employer's HR department in an attempt to resolve the matter internally.

If that is not possible or would be futile, then a complaint of reverse race/national origin discrimination should normally be filed with the state Fair Employment and Housing Commission.

Here is a link that provides more information on reverse discrimination claims:

http://www.californialaborlawattorney.com/newsletters/proving-reverse-discrimination

It would be best for the affected employees to also retain a local employment law attorney to guide them through the process and ensure their rights are well protected.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

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