Legal Question in Employment Law in California

Racial Harassment on the Job

I have been working for a medium-sized corporation (150+ppl)

for about 4.5 yrs. During the last year or so, a member of mgmt has found it funny to call me silly names and make fun of how I spoke. I am asian-american. He is Mexican. This went off and on for about a year. Finally, he started addressing me as his pet name in front of other members of mgmt. Other mgrs started calling me names and making fun of my last name. At this point, I went to the Regional Mgr and complained about the situation. He put a stop to it. Since then, the Mgr who started this whole thing has joked once about it. I gave no reply and walked away. Yesterday I was in the office, and caught him staring at me. I looked away, and then saw him continue to look at me with a long stare at about 2 feet away. He is acting strangely now, and I am not sure what to do now. Do I go to the Regional Mgr and tell him about this odd behavior? Is this a form of harassment? At what point do I seek a lawyer, or is this

not a major issue?


Asked on 1/04/03, 12:01 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Racial Harassment on the Job

If there is illegal retaliation for your complaints to mgmt, you can again complain to them and seek remedy, or you can file a formal claim with DFEH and a lawsuit. The choice is yours. You should do 'something' rather than let this go uncorrected. Contact me if interested in the legal options.

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Answered on 1/15/03, 1:57 pm
Frederick Choi Law Offices of Frederick H. Choi

Re: Racial Harassment on the Job

You did the right thing in bringing your greivance to upper management. By law, every California business must maintain a procedure by which they deal with potential harassment and discrimination. If you believe that the current actions are similar and/or taking a toll on your performance at work, then you should again contact the appropriate persons to make a complaint. If things continue to get out of hand, or you are fired for suspicious reasons, then you may want to discuss matters with an attorney. If you are in the area, please contact our office for further consultation.

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Answered on 1/14/03, 4:42 pm


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