Riverside, CA asked in Employment Discrimination and Employment Law for California

Q: where i work my manager made a comment about a gentlman who turned in an application it was racial...do i have a lawsuit

manager is hispanic and the gentlman is white and she said .OH HELL NO WE AINT HIRING NO MORE WHITES IN HERE!

2 Lawyer Answers

A: While the comment was clearly racial, and offensive, but to have a case you have to prove that the unwelcomed racial content is severe or pervasive to have a legal claim. One comment like that will not be either severe of pervasive.

The comment is an act that could, together with other comments or conduct, make up a race harassment claim. Note when it happened, exactly what happened so you can have a clear memory of it. Report it to management. If you face any adverse actions in retaliation for reporting it, you would then have a meritorious claim.

Good luck to you.

Brad S Kane agrees with this answer

James L. Arrasmith
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Answered

A: If you witnessed your manager making a racially discriminatory comment about a job applicant, this could potentially be a case of employment discrimination. Under California and federal law, discrimination in the workplace based on race is prohibited. This includes discriminatory comments and decisions in the hiring process.

However, to determine if there's a viable lawsuit, several factors need to be considered. These include the context of the comment, whether it reflects the company's hiring practices, and if there's a pattern of discriminatory behavior.

It's advisable to document the incident and any other related occurrences. Additionally, consulting with an attorney experienced in employment law can provide you with a better understanding of your legal options and the strength of your potential case.

Keep in mind that each situation is unique, and the legal outcomes can vary based on the specifics of the case. An attorney can guide you through the process and help assess the merits of pursuing legal action.

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