Legal Question in Employment Law in California
Im not really clear on protected class as it pertains to a caucasian male. Is it relevant? Are there any situations whereby a caucasian male would be considered a protected class? What if I worked in a situation where I was the only caucasian worker and the rest of the workers were hispanic.
If the hispanic workers harassed me because the didn't want a caucasian working with them, would I have a case for discrimination based on race?
2 Answers from Attorneys
There is no protected "class;" it is protected "classification." Sometimes it is shortened to "class" but it is not really correct. Race is a protected classification. No particular race is protected. All people are protected from discrimination based on race. The same is true for gender. It is not that women are protected and men not, or vice versa, but rather that all people are protected from discrimination based on gender.
Whether or not you would have a case in the situation you described depends on what the employer did or did not do about it. Co-workers harassing a worker based on race is considered hostile work environment discrimination. It does not, however, automatically result in liability. If the employee does not complain and the employer does not independently know about the harassment, there is no liability. If he employer is informed, and takes reasonable steps to end the harassment, there is also no liability. Only if the employer allows or condones the harassment does liability arise.
Yes. That is called 'reverse discrimination' and is illegal if you can prove you are subject to harassment 'because of' being in an ethnic or racial category different than the others. If serious about pursuing your claim, feel free to contact me for help. I've been doing these cases for many years. .
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