Q: What can I do about racial comments from my manager at work

A: You need to inform your employer, preferably in writing. Your employer then has a duty to prevent discrimination and harassment at the work place.

If still nothing is done and the racial comments continue after you have informed your employer, it means your employer may be failing to meet its duty and there may be a potential recourse. 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, in your local bar association, 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: First, you should also keep a written log of each comment by date, time, what was said and the circumstances, including where it happened and who was present. This information will be very important in any legal claim.

Second, you should make a written complaint about the racial comments in writing to your company's human resources department or a senior executive, if there is no HR department.

Third, you should consult an employment lawyer to make sure your written complaint hits all the right notes and specifically mentions racial discrimination and harassment.

Hopefully, the company will fulfill its obligation to protect you from racial harassment and discrimination. However, if the manager of the company retaliates against you for your complaint will have an additional claim.

A: In order for comments to become actionable race harassment, the comments have to be severe or pervasive. A couple of comments will likely not reach that threshold.

Nonetheless, once you report the conduct and comments to management, the company has an affirmative legal duty to take all reasonable steps to prevent it from happening further. Be sure to report in writing and to keep a record of all racist comments or other actions.

It would be wise 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, 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 cost consultation in the beginning and then, if the matter has merit and value, will usually agree to 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.

A: You may wish to consult with an attorney experienced in employment law to discuss your situation and explore your legal options. An attorney can provide guidance on how to proceed with your case and can represent you in legal proceedings if necessary. Keep in mind that there are time limits for filing claims, so it's important to act promptly.