California Employment Law
California Employment Law Questions Answered by Legal Experts
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I am sorry to hear about your situation at work. I can imagine how difficult it is to work under those circumstances.Generally, the law protects employees from workplace harassment under situations where the harassment is based on a protected category such as race, sex, religion, national origin, age or disability. In this situation, you would have to prove that they were actively (not passively) discriminating against you because of your race.
Titles VI and VII of the Civil Rights Act of 1964 (a federal law), and the California Fair Employment and Housing Act as well as the federal Civil Rights Act of 1866 all have language that states that discrimination based on language constitutes racial discrimination. However, the case to date specifically states that it must be employer that is the one doing the discriminating, and not fellow employees.
Unfortunately, the laws do not protect employees form other employees who engage in conduct such as your fellow employees. While their conduct is without question inappropriate, it does not appear unlawful as there is no adverse employment action taken against you to date.I wish I could tell you that you have legal recourse against them for speaking in Spanish, however, until there is an actual adverse employment action taken against you, this does not constitute harassment in this situation.That being said, if you are terminated or written up as a result of your complaint, then you absolutely have grounds to file a claim against them for retaliation. Further if you can point to an adverse employment action taken against you, then you may have grounds. Under these situations, you should file a claim with the EEOC and California Labor Board or contact an employment attorney in your area.If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.Good Luck!I hope I have provided you excellent service. If not, please let me know what else I can help you with. If you feel the need to rate my service as either “Bad” or “Poor”, please stop and use the REPLY TO EXPERT to keep talking. I am happy to assist you with whatever issue or clarification you may need and will take the time to explain any concern to your satisfaction. If you feel that I am unable to do so, please ask me to have another expert assist me and I will opt out immediately so that you receive the best possible service.Once you are satisfied with the answer, please take the time to rate my answer as one of the top three faces as this is how I receive credit for my time with you.
What about confidentiality in this circumstance with a member of mgmt telling the co-worker who started the problem what was supposed to be in strick confidence until meetings were to take place. And within our store, there are 2 nationalities-the "whites" and the "Hispanics" and if you say anthing about anything the Hispanics start rumors and create a hostile work environment. It gets to the point that I literally get sick to my stomach just knowing I have to go to work there and nothing is getting done-including by mgmt.
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