Legal Question in Employment Law in California

I work in the department of a company where all my co-workers are hispanic. All of them speak spanish, some of them are bilingual and can speak spanish and english. I am a caucasian male who doesn't speak spanish. My co-workers speak spanish the majority of the time.

A few times when we were alone my supervisor who is a caucasian female said to me that i don't "fit in" to the department and that what she really wants is a hispanic male who speaks spanish to do my job. I know that my supervisor had little or no say in who was hired for the job. However she does have the power to fire me or get me fired.

From the first day I started this job she has harassed me and bullied me in an effort to make me quit or get fired. Even though she doesn't say it anymore I know that she wants me out of their because she prefers someone of the same race as all the other workers who speaks their language.

Is this a case of bullying/harassment based on illegal discrimination of race? If so what can I do about it? I've thought about filing a complaint with the EEOC or hiring a private attorney to file a lawsuit.


Asked on 4/23/12, 8:10 am

2 Answers from Attorneys
David Sarnoff Sarnoff + Sarnoff

California's Fair Employment and Housing Act (Gov't Code section 12940) prohibits discrimination, harassment, and retaliation based on an employees race, national origin, and/or ancestry (among other things, such as disability, gender, sexual orientation, age, marital status, etc.).

In order to constitute Hostile Work Environment harassment, however, the conduct must so severe or pervasive such that it alters the conditions of employment. This is not the clearest of standards and must be evaluated on a case-by-case basis.

If you feel you can prove that the harassment is based on your race, national origin, and/or ancestry, and you can prove that the harassment is so severe or pervasive so as to create a hostile work environment, you may have a claim for unlawful harassment and/or discrimination.

In order to conduct a better evaluation of your claims, the best and quickest thing to do is to complete our firm's Confidential Online Case Evaluation Form, which can be found at www.sarnofflaw.com. You will also find helpful information regarding anti-discrimination, retaliation, and harassment.

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Answered on 4/23/12, 9:56 am
Terry A. Nelson Nelson & Lawless

Unfortunately, the discrimination laws do not include 'language' as a protected category, and in CA it is legal to make a language requirement part of the conditions of a job. That means they can say Spanish is required, if they can show any reasonable basis for doing so. You would have to fit the 'discrimination' you describe into a 'race /origin / ethnic' discrimination category. It might be possible to do so. If serious about pursuing this, feel free to contact me to discuss.

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Answered on 4/23/12, 5:11 pm


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