Legal Question in Employment Law in California

I would like to know if I have a case pertaining to a verbal abuse incident in the workplace. I'm 52 yrs old. One of the Managers that I work for, always insulting me always shouting, picks out my mistakes and criticize me in front of other employees. This has been a on going problem. He has made comments ( Why are you people so lazy - referring to Africian American) I have been called Smokie, There has been remarks directly to me that I smoke and deal drugs because I wear dreadlock. Stereotype. This is some of the issues that I was dealing with on a daily thing.

Stockton. Ph# 510 469-4763


Asked on 4/05/11, 8:31 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

For anyone to be able to tell you if you have a case, at least one worth pursuing, they are going to have to talk with you to get all of the facts and ask you many questions. Certainly, the few facts you post would indicate offensive racial discrimination and harassment that needs to be addressed. But how to address it requires careful consideration, which you should discuss with an experienced employment law attorney before you decide what you wish to do. I suggest you contact some employment law attorneys in your area. You should not have any difficulty doing so, given what you have written. If you need any referrals, feel free to contact me.

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Answered on 4/05/11, 10:12 am

Derogatory comments regarding an employee�s race, including those based on stereotypes about the abilities, traits, or performance of individuals of certain racial groups, are indicative of unlawful race discrimination and harassment. As pointed out by Mr. Kirschbaum, however, in order to know whether you have a case, you will need to speak with an employment attorney.

If you want to try to put an end to the comments yourself, you should know that if your employer has at least 5 employees, it is unlawful for the employer to retaliate against you for making a good faith complaint of race discrimination or harassment. Make sure you complain in writing in order to protect yourself if your employer does unlawfully retaliate against you.

Please feel free to give our office a call at (213) 536-4236, send us an email at [email protected], or fill out our case evaluation form at www.sarnofflaw.com to find out whether your rights have been violated and if we can help. We represent clients in both Northern and Southern California.

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Answered on 4/06/11, 12:50 pm


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