Q: Could you please let me know what kind of cogent evidences to file a harassment from a next door due to my ethnicity?
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- California
- (916) 704-3009
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- Answered
A:
In California, harassment based on ethnicity is prohibited under the Fair Employment and Housing Act (FEHA) and the Ralph Civil Rights Act (Civil Code section 51.7). To file a harassment complaint against your neighbor, you should gather the following types of evidence:
1. Documentation of incidents: Keep a detailed record of each harassing incident, including dates, times, locations, and what was said or done.
2. Witness statements: If there were any witnesses to the harassment, ask them to provide written statements describing what they observed.
3. Audio or video recordings: If you have any recordings of the harassing behavior, these can be strong pieces of evidence. However, be aware of California's two-party consent law, which requires all parties to consent to the recording of confidential communications.
4. Police reports: If the harassment involves threats of violence or actual violence, file a police report and obtain a copy for your records.
5. Communication records: Save any emails, text messages, social media posts, or other written communications that demonstrate the harassment.
6. Proof of ethnicity: In some cases, you may need to provide evidence of your ethnicity to establish that the harassment was motivated by discrimination.
7. Physical evidence: If any property damage or vandalism occurred as part of the harassment, take photos and keep any physical evidence, such as hate symbols or threatening letters.
8. Medical records: If the harassment has caused mental distress requiring professional treatment, your medical records can help support your case.
Once you have gathered evidence, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or consult with a civil rights attorney to discuss your legal options, such as filing a lawsuit against your neighbor. Remember that there are time limits for filing complaints, so it's essential to act promptly.
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