Facing Harassment at Work Due to Your Race?
Our Los Angeles Racial Harassment Lawyers Are Here to Answer Your Questions
Your workplace should be a harassment-free zone. Unfortunately, many California employees still experience harassment on a daily basis. Often, employees face harassment due to their race. If this is the case, then you are entitled to hold your harasser and your employer accountable and pursue legal action. Our Los Angeles racial harassment lawyers understand the California and federal statutes that apply to your particular situation. We have compiled a list of frequently asked questions about racial harassment, along with answers to each question.
The attorneys at YMS understand the impact that racial harassment can have on a workplace environment. We promise to take your case seriously and will fight hard to advance your legal interests. Our goal is to prepare you for any unforeseen circumstances that may arise during civil litigation. Please review our information and contact us today for a free consultation.
California Racial Harassment Frequently Asked Questions
- What Is the Legal Definition for Harassment Based on Race?
- What Steps Must I Take to Prove Harassment Based on Race?
- What Should I Do If My Employer Is Committing Acts of Racial Harassment?
- What Should I Do If a Coworker Is Committing Acts of Racial Harassment?
- What Are the Legal Consequences of Racial Harassment in the Workplace?
- How Can I Help Create a Workplace Environment Free From Racial Harassment?
What Is the Legal Definition for Harassment Based on Race?
Harassment based on race occurs when your employer or coworker takes action that is designed to intimidate, offend or harm you due to your racial background. It is important to recognize that many inappropriate workplace behaviors do not establish a legal basis for racial harassment. Therefore, it is important to consult with a Los Angeles racial harassment lawyer before making any legal determinations.
What Steps Must I Take to Prove Harassment Based on Race?
The purpose of harassment laws is to provide all Californians with an equal opportunity to succeed in the workplace. To prove harassment based on race, you must provide evidence showing that a hostile work environment was created because of your race. The harassing conduct must sufficiently offend, humiliate, distress or intrude upon its victim, so as to disrupt the victim’s emotional tranquility in the workplace, affect the victim’s ability to perform the job as usual or otherwise interfere with and undermine the victim’s personal sense of well-being. Under recently enacted laws, even a single incident of racial harassment might be sufficient to constitute a hostile work environment.
What Should I Do If My Employer Is Committing Acts of Racial Harassment?
Under California law, your employer is required to have an anti-harassment policy that specifies where harassment complaints are to be made. If your employer is committing acts of racial harassment, then you should immediately report the conduct to your supervisor, your Human Resources (HR) department or pursuant to steps outlined in your employer’s employee handbook.
If the racial harassment continues, then you should consult a racial harassment lawyer who might advise you to file a harassment complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH will look into your complaint and determine if they want to pursue an investigation on your behalf.
However, an experienced Los Angeles racial harassment attorney may suggest that you obtain an immediate right-to-sue letter instead of allowing the DFEH to investigate the claim. You should always consult with your legal representation before making any decisions that could affect the outcome of your racial harassment claim.
What Should I Do If a Coworker is Committing Acts of Racial Harassment?
If a coworker is committing acts of racial harassment, then you can report the behavior to your supervisor, your Human Resources (HR) department or pursuant to steps outlined in your employer’s employee handbook. It is illegal for your employer to retaliate against you after reporting any form of harassment. So, you should not be pressured into staying silent.
Although your employer should make an effort to resolve your racial harassment complaint, this does not always happen. In this instance, you should consult a lawyer who might advise you to file a harassment complaint with the DFEH. The DFEH will review your complaint and determine if they want to pursue an investigation. If you receive a right-to-sue notice from the DFEH, then you have the option of filing a racial harassment lawsuit. Our Los Angeles racial harassment lawyers will help you determine if you should sue your employer or the person who harassed you.
What Are the Legal Consequences of Racial Harassment in the Workplace?
California law gives racial harassment victims the right to recover compensation from their harassers. Both the individual harasser and the employer could be held liable depending upon the circumstances of the harassment in question.
A Los Angeles race harassment law firm will consult you regarding your rights to money damages. In some cases, you might even be entitled to be reinstated to your former job. Every situation is unique, so you should always consult with an employment lawyer before making any final decisions.
How Can I Help Create a Workplace Environment Free From Racial Harassment?
As an employee, the main way you can help create a workplace environment free from racial harassment is by speaking out. It is imperative that you report any instances of racial harassment to your supervisor or HR department.
If you are a supervisor or employer, then it is your duty to act and prevent racial harassment from occurring. If a complaint of racial harassment is brought to your attention, then you should immediately follow the employer’s protocol to investigate the claim and take steps to make sure that no one retaliates against the employee. You should also ensure that your company has a written policy regarding the prevention of harassment, discrimination and retaliation.
Contact Our Los Angeles Racial Harassment Lawyers Today For More Information
Racial harassment should never occur in your workplace. However, if this is not the case, then you should contact the Los Angeles racial harassment lawyers at YMS today at (310) 919-0091 for a free initial consultation. You can also tell us about your case using our online contact form. We promise to carefully review the information you provide and look forward to meeting with you soon.