Legal Question in Employment Law in California
Work Place Harassment (Non-Sexual)
I work for a an automotive repair shop. Several of the other employees and I are ready to quit due to the severe verbal abuse of our boss. One woman ( we'll call her *Jane), who has been there for over 10 years walked out last week, crying, and having a nervous breakdown due to this man.
Everyday he is verbally abusive, in front of customers, and other employees. He calls the mechanics (Pardon the language), ''Niggers'', ''Monkeys'' and so forth. When *Jane was crying last week, he said ''What's the matter crybaby? Can't handle it?'' in front of two of the other employees (One being myself). He reminds us everyday that we ''are not worth the penny he is paying us''. This is an everyday occurance.
My question is.... Do we as employees have any civil rights in a workplace? This is not sexual harassment, even though it that has also been present. We are more concerned about the manner in which he treats us, and the language he uses....he puts us down constantly. What rights do we have? What can be done to prevent this? Thank you in advance for your time and knowledge.
2 Answers from Attorneys
Re: Work Place Harassment (Non-Sexual)
Hello:
I'm sorry to say that Jane probably has no recourse against that idiot other than Workers Comp benifits for stress if a cdoctor puts here out on stress leave. That is unless his coments were meant to be demeaning towords women and that can be sexual harrassment. Please don't decide for yourself what is and isn't "sexual harrassment" but let an attorney decode.
As to the mechanics and any others minoritories he makes racially derogatory remarks to, they all have actions for racial harrassment.
There is a 1 year statute of limitations on these actions. Tell them to immediately contact a personal injury attorney who handles discrimination cases. If you/they are in the SF Bay area, please tell them to call me at 408-295-8282.
At the least, they should all file complaints with the California Dept. of Fair Employment and Housing, which is a step they will have to take before filing suit anyway. Do it ASAP.
Re: Work Place Harassment (Non-Sexual)
Even if you are not the target of the racial harassment, you may have a basis for a complaint. If the racism that you describe has created a hostile work environment that adversely affects your ability to work, you may have a right to sue, even though you are only an observer or listener. Given your description of the workplace, it is probable that if you complain, you will be fired or otherwise retaliated against. You would then have a retaliation claim and an action for wrongful termination. So if and when you think you've had enough, you should complain first and wait to be fired. Then call a lawyer! If you are in Southern California my number is 800 386 3860.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
