What Constitutes as Racial Harassment?

Harassment can be difficult to prove in the workplace, and documenting all instances of alleged harassment is the first step to having evidence in your case. Unfortunately, there is no law that prevents employers from harassing an employee simply because they do not like them. For illegal harassment to have taken place, the alleged harassment must have been based on an illegal factor, such as gender or race. If someone is harassed at work due to his or her race, it is considered racial harassment.

Recently, an African American employee of a Bay Area construction materials company filed a lawsuit alleging that his supervisor subjected him to “repeated racial harassment, including hate violence.” The plaintiff claims that these actions took place for over three years before the company took any corrective action, and that the threatening and intimidating behavior began in 2010. According to the lawsuit, the employee’s supervisor taunted him and other African American employees with racist nicknames, as well as referencing historically racist laws, such as “whites only” areas and privileges. The plaintiff, who is 25 percent Caucasian, also claims his supervisor frequently told him to “use the 25 percent part of his brain,” along with many other instances of abuse and harassment.

In September 2013, the supervisor that allegedly harassed the employee was fired, more than three years after the plaintiff had originally complained about his abuse.

If you are a victim of racial harassment in the workplace, an experienced employment attorney can help you determine if you have enough evidence to file a claim.

What Do I Do if I am Harassed at Work?

Our Los Angeles harassment attorneys can give you more information on what to do if you encounter verbal abuse at work. Contact our office today to learn more about your employment rights or to schedule a consultation.

Kesluk, Silverstein & JacobLos Angeles employment attorneys

Source:  http://world.einnews.com/pr_news/185987545/bay-area-african-american-worker-taunted-with-noose-sues-for-racial-harassment



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