The Miami Dolphins football player that has recently undergone extensive racial bullying from a teammate may be able to sue the football team under workplace laws. According to a report for CBS 8 San Diego, Jonathan Martin could sue the Miami Dolphins under laws that make employers liable for harassment, even if they were unaware it was happening. Martin has recently missed games and checked into a hospital for “emotional distress” after suffering multiple harassment incidents from teammates, especially player Richie Incognito since as far back as 2012, leading up to a graphic voicemail left of Martin’s phone.
The voicemail from Incognito allegedly used racial slurs and threatened Martin and his family. Incognito was suspended from the team shortly after the voicemail was revealed. Experts are now saying that it is possible for Martin to sue the Dolphins for the harassment he received, even though they did not know it was happening. According to Martin’s attorney, the harassment he endured went “beyond the traditional locker room hazing.”
Employers can be held accountable for harassment even if they are unaware that it is happening. Harassment is also recognized whether the harasser and the harassed are of the same or different gender. Determining liability for harassment and proving it can be difficult, but an experienced labor law attorney can help you with your case. Harassment must be based on an illegal factor, such as race or gender. Unfortunately an employer cannot harass an employee because of race, but he or she can harass them simply because they do not like the employee. Making this distinction can be made easier with an employment attorney by your side.
Do I Need an Attorney if I’m Being Harassed at Work?
Our Los Angeles harassment attorneys can help if your workplace has become hostile or you are experiencing harassment on the job. Everyone deserves to feel comfortable at work and we are dedicated to fighting for victims of workplace harassment in California. Schedule a free consultation with one of our attorneys today to discuss your case.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys