Legal Question in Employment Law in California

My manager was making racially insensitive and homophobic remarks. I filed a complaint with Hr and they asked me to give her another chance. I did and the comments continued. They asked me to give her a third chance. I would not so they moved me to a different department, but I still report to her and do her work. They are not providing her any training. What can I do?

Asked on 8/21/13, 11:28 am

3 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila
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Call an employment law attorney to discuss. After your complaint, your employer had legal duty to investigate the unlawful harassment and make it stop. Beause that did not happen, you may have a good case against your employer for unlawful harasment. If the company has a certain number of employees, all managers need to go to training about sexual harassment. Many employment law attorneys offer a free initial phone consultation.

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8/21/13, 11:43 am
David Sarnoff Sarnoff + Sarnoff
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I agree, but would add that you have additional causes of action, as well. The California Fair Employment and Housing Act ("FEHA") prohibits employers from discriminating against and/or harassing employees because of race and/or sexual orientation. It also prohibits employers from retaliating against employees who complain about discriminatory and/or harassing conduct. Further, if the comments are severe or pervasive enough, you may also have a claim based on the manager creating a hostile work environment, which can constitute a form of harassment. Lastly, as the previous poster stated, there may be a claim based on your employer's failure to prevent discrimination and harassment in the workplace.

We handle cases throughout California, so if you would like to learn more and are interested in discussing your legal rights, please feel free to contact our law firm at (877) 877-2545. You can also visit our website at www.sarnofflaw.com to learn more about the FEHA and your rights. Our website also has a Confidential Online Case Evaluation Questionnaire that will ask you specific pointed questions regarding your situation. This will give us the information we need to conduct a preliminary evaluation of your potential claims.

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8/21/13, 12:22 pm
Terry A. Nelson Nelson & Lawless
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Since you have already given them a chance at informal remedy, and the improper conduct is still occurring, you now should go file a Complaint of Discrimination with the Dept of Fair Employment and Housing. You may then follow that up with a lawsuit for your damages.

If serious about pursuing this, feel free to contact me. I've been doing these cases for many years, and Iíll be happy to help fight and get the best outcome possible.

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8/21/13, 2:09 pm

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