Legal Question in Discrimination Law in California

If a person at school says that they don't like me because i'm asain is that racial harassment?and could they get in trouble for that if they are an adult?


Asked on 4/05/10, 4:32 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I don't think it's racial harassment, unless the other person does something overt to cause you aggravation, like trash your locker, take your books, or even worse. People have a right to dislike others, even based upon bias or stereotypes. Nevertheless, you might want to bring the person's statement to the attention of a guidance counselor, since it shows bias which should be addressed before it becomes something worse. In addition, a guidance counselor, respected teacher, or even a parent or community/religious elder might be able to help you cope with the inevitable societal prejudices which, unfortunately, are still present and seem to be on the increase.

Good luck and thanks for asking.

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Answered on 4/10/10, 4:47 pm
Edmund Burke Edmund B Burke, Attorney at Law

You left out a couple of important facts in your question:

A. Are you in a public school or a private school?

B. Is this person an employee of the school (or maybe just another student)?

If the person is a public school teacher and you are in his/her class, then a display of animus based on ethnicity could be quite serious. Because one would suspect that it could be tied to academic consequences (e.g. maybe this is why you got a bad grade in the class).

If you're in a private school and it's another student saying that, then there's not much recourse unless there is some kind of physical violence. Private citizens have under the First Amendment the right to have --and express --morally reprehensible views, as long as they don't act on them by e.g. destroying your property.

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Answered on 4/13/10, 2:33 pm


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