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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27682
Experience:  Former judicial law clerk, lawyer
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My wife is an assistant at a prestigious entertainment

Customer Question

My wife is an assistant at a prestigious entertainment company. While being on calls she's had to endure racial and sexual slurs from a third party point of view. While discussing the incident with human resources she informed them that she sought legal counsel for advice on how to approach the situation Since then she has had to endure secret attacks from the head of human resources. The manager of the restaurant informed my wife that the head of human resources told her that she didn't want to see my wife in the resturant anymore then ask her did she know my wife tried to sue the company which was not even the case. She has to endure negative attitudes from many of the higher positioned employees. Recently they informed her that usually if anot employee hasn't transitioned into a full agent position by the end of three years they are cycled out the company so they ask her did she want to pick her last day. My wife informed them that she would let them dictate to her what was to be her last day. After that they called a meeting with my wife to discuss her last day and while in the meeting the head if human resources kept telling my wife that my wife only wanted them to dictate her last day so she could collect unemployment. We feel she is black balling my wife at the company and with other employment opportunities. My wife was regarded as one of the best assistants there until this incident. She has also been on several interviews in which she was just about assured she secured the new position which drastically change every time she did her reference check. They have made it absolute hell at work for my wife since this incident
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: Not since she asked for advice about how to approach the situation about the slurs
JA: Anything else you think the lawyer should know?
Customer: That all her evaluations has been great but since the incident she been denied for the agent training program with the explanation was she wasn't a good fit
Submitted: 3 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 3 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Your wife's employer is allowing a hostile work environment to fester if other employees or higher-ups are making racial slurs or sexual comments, the company is aware, and they're doing nothing. Depending on the extent and nature of the sexual comments, she may have both racial and sexual harassment claims. HR's job is to take action to correct this type of problem, not suggest she work elsewhere. It's also a violation of federal law to take negative action against an employee because they exercised their legal rights.

The first step is often to have a local attorney send a demand letter, to see if they'll pay more attention to her claims in order to avoid a lawsuit. Since it's a prestigiuous company, they may not want their name tied to a racial discrimination suit or sexual harassment. She can also apply to the Equal Employment Opportunity Commission for a right to sue letter by filing a charge. If she wins the case, your wife may be entitled to attorney's fees in addition to her other damages, so many lawyers will take these types of cases with the agreement that they'll be paid only when she wins (and they'll collect from the company). Because the company is probably going to have some high-paid lawyers on their side, it's agood idea for your wife to also have someone working to help her. A good place to find someone is www.martindale.com.

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