Legal Question in Employment Law in California
Bias?
I was recently informed by another employee in writing that she thought a conversation I had with her was antisemitic. I am Jewish myself and was shocked to be called into the supervisor's office to have to respond to such an allegation. Her letter not only referred to the limited 5 minute discussion we had, but also inferred that I she wonders if I communicate the same way with my student's , thus discrediting me further in front of my superior who has a long standing relationship with this person. I explained the conversation as I remembered it to my superior and said I would be happy to write this woman whatever apology was needed if she thought so strongly to have written these thoughts. I am still in shock and really upset. I feel, being in a new position, that all my future efforts will be influenced by this incident. I have no idea how to protect myself from further attack except to isolate myself in my class and stay away from all coworkers. I would appreciate all advice.
1 Answer from Attorneys
Re: Bias?
Your question could possibly involve an area of developing law: being falsely accused of wrongdoing by a coworker. If so, you may have to resort to protecting your "good name" formally. However, your question appears to indicate you have readily admitted to making an "off color" comment regarding the religious beliefs of another. In general, the law deems religious beliefs in the work place to be "protected": e.g., no prejudice, no discrimination, etc. It is possible that what you actually said would not rise to the level of constituting unlawful conduct, however. Nonetheless, it may be grounds for discipline by your employer. It might not be a bad idea for you to give strong consideration to forwarding a written memorandum to the Human Resources Department outlining your version of the "whole story". It also may not be a bad idea to start a diary of events in around the work place for possible use in the event adverse employment action is taken against you in the future by this employer.