Legal Question in Discrimination Law in California
I believe that my boss had been allowed to discriminate against me based on my sexual orientation. She posted a comment on a facebook page (within view of several of my coworkers and the general public) in which she called me a fag. I brought attention to this through my company's Human Resources department, they "disciplined" her but failed to fire her, is there anything I can do.
2 Answers from Attorneys
Not if that is the only evidence of discrimination you have.
An employer is required to investigate any claims of such 'discrimination' and then 'reasonably' discipline the culprit, whatever that means under all the circumstances. On a first and minor offense like this, a warning and counseling may be enough. Repeat offenses and pattern of outrageous conduct would raise the bar to serious discipline and termination. As long as there is no substantial recurrence, you have no grounds for legal action. They get 'one free bite' before liability attaches.
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