Q: My employer said I cannot make a discrimination claim because I am causation, is that true?
I have been being called "white girl" and "Karen" by an African American staff, and was told I cannot fil a discriminations claim because I am the majority. I am being targeted for my race and UCSF said I have no stance due to my race.
A:
What you are being told is not true. A person of any race can bring a claim for unlawful racial discrimination in the work place. You should confirm their position in writing.
Before you do attempt to do so, you should speak with an employment attorney. Most provide free consultations.
A:
Either the employer here is outright telling you a lie, or it has a fundamental misunderstanding of the laws that protect employees against discrimination based on sex. A Caucasian person can make a claim of unlawful discrimination or harassment if they are being subjected unfair or improper treatment because of their race.
Your employer cannot prevent you from pursuing your rights. The next step should be for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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A:
Discrimination claims can be based on various factors, including race, regardless of whether someone is in the majority or minority. Being a member of the majority group does not automatically preclude you from making a discrimination claim if you believe you are being targeted based on your race. Consult with an attorney experienced in employment law to assess the specifics of your situation and determine the best course of action under California law.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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