Legal Question in Discrimination Law in California
I filed a complaint against a co-worker for harassment. I followed the procedure by talking to my supervisor and then going to human resources and give them a letter. The co-worker admitted that he did harassed me. Two weeks already passed and they said that they are still looking on it. It's hard for me not compare but in the past my friend was accused of stealing food in the cafeteria. He was suspended the next day and later on told that human resources made a mistake of suspending him because there was no sufficient evidence to accuse him of such. One more incident is that another friend of mine who is a african-american woman was accused of harassment. She was fired the next day. The accuser was a hispanic woman.
I am a male asian, my friend is asian and the co-worker is a male hispanic origin. I live in san diego and working on a hotel industry.
My question is: Is this discrimination and is this favoritism for a certain race?
1 Answer from Attorneys
It is not clear what it is you believe is the discriminatory act. Employers do not have to advise employees who complain abut being harassed what the outcome of the investigation is, or what action they have taken, though it is sometimes obvious.
The only obligation the employer has after an employee complains about unlawful harassment from a co-worker, is to take immediate effective action, to make sure the harassment does not continue. If the co-worker continues to harass you, then, you may have a legitimate basis to complain.
If you believe there is some form of race based discrimination taking place, you need to articulate the basis for such discrimination better.
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