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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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California Employment Law
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I have a co-worker who constantly is calling me a whore, monkey

face and old hag. ... Show More
face and old hag. I have report the incident to my HR manager and presented a witnessed. My HR managers answer to me is what would you like me to do about it? Is there some sort of formal claim that I can present with labor department?
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Ask Your Own California Employment Law Question
Hello and thank you for entrusting me to answer your question.

There is no law which generally prohibits name calling and rude behavior in the workplace. However, the law does prohibit such behavior when it is motivated by an employee's gender, race religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

Calling someone a "whore" would ordinarily constitute harassment on the basis of gender, and as such would be actionable.

A claim for emotional distress and other damage arising from such harassment could be filed with either the Equal Opportunity Employment Commission (a federal agency charged with investigating complaints of harassment and discrimination) or California's Department of Fair Employment and Housing (California's corollary agency).

For information on how to bring a claim through California's DFEH, visit this link: http://www.dfeh.ca.gov/Complaints.htm For information on how to bring a claim through the EEOC, visit this link: http://www.eeoc.gov/employees/charge.cfm

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

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