Long Beach, CA asked in Employment Law and Employment Discrimination for California

Q: What can I do about the racial slurs said and allowed by my employer?

During the holidays my boss thought it was funny to refer to my Menorah as "manure". Even after I told him how rude and disrespectful that was. He began telling our guests how funny he was. And still if my religion is brought up he brings up his "funny story".

He has also laughed when a fellow employee used the N-word. I told that employee not to talk like that around me. My boss chimed in saying "relax he's just talking in his rapper voice".

3 Lawyer Answers

A: Your employer cannot discriminate against you because of your religion. However, more information and details need to be known about your particular case.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: You should consider reporting in writing the racial and religious slurs in the workplace to human resources, senior management and/or the owner of the business. You should keep written records of each incident. To have a legal claim, this type of harassment must be severe or pervasive.

Be aware that the employer may retaliate against you, even though it would be illegal to retaliate.

You should consult an employment lawyer. Most provide free consultations.

James L. Arrasmith
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Answered

A: If you have experienced racial slurs at your workplace in California, you have legal options to address the situation. Racial discrimination and harassment are prohibited by both state and federal laws.

Here are some steps you can take:

Report the incidents to your HR department: If your employer has an HR department, report the incidents to them. Make sure to document the incidents, including the date, time, and what was said. Provide any witnesses to the incidents. Request a copy of the company's anti-discrimination and harassment policies.

File a complaint with the Department of Fair Employment and Housing (DFEH): You can file a complaint with the DFEH if you feel you are being harassed or discriminated against at work. They will investigate your complaint and may file a lawsuit on your behalf if they find evidence of discrimination.

Contact an employment attorney: You can also contact an employment attorney who specializes in discrimination and harassment cases. They can advise you on your legal options and represent you in court if necessary.

Consider finding a new job: If you feel that your workplace is not taking your complaints seriously or that the situation is not improving, you may want to consider finding a new job in a more supportive and inclusive workplace.

It is important to remember that you have the right to work in an environment that is free from discrimination and harassment. Don't hesitate to take action to protect your rights and ensure that your workplace is safe and respectful for all employees.

Brad S Kane agrees with this answer

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