Work Harassment Based on Race
Discuss Your Situation With Our Los Angeles Race Discrimination Attorneys
Under the Fair Employment and Housing Act (FEHA), employers and employees are prohibited from harassing and/or discriminating against an individual based on race. This includes making gestures, written comments and verbal comments about an employee’s clothing, hair, speech, etc. Harassment is unlawful if it is based on race and it has created a hostile and unwelcoming work environment. If you are facing racial harassment at work, consider speaking to our Los Angeles race discrimination attorneys about your situation.
Generally, it is difficult to objectively evaluate these types of comments. Because of this, the court often decides harassment cases based on the context of the actions and the statistics on instances v. race within the company. The plaintiff must make it clear that the harassment was a result of race and not of personal differences.
It is also important that the employee has made it clear that the comments and actions of others have been bothering them and they wish it to stop. This includes reporting the harassment to a supervisor or HR. Employers must take all reasonable actions to prevent harassment in the workplace. Even if the comments are infrequent, they can still have a damaging effect on employees. If the harassment continues even after the employee has discussed it with a supervisor, the complainant will have a stronger case based on the fact that they approached both the violator as well as the supervisor about the harassment.
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