Legal Question in Discrimination Law in California

I am an African American. Last week the assistant manager told me that she was tired of my Black attitude. Whatever that means. I was hurt and offended. I reported the incident to our manager and to the head manager about a week ago, and have heard nothing. What should I do?

Asked on 4/07/14, 12:02 am

1 Answer from Attorneys

Kristine Karila Law Office of Kristine S. Karila

You were right to complain to the head manager. It is unlawful to harass or discriminate against an employee because of his/her race. The comment was inappropriate in the workplace, but that comment alone is not enough to give rise to a lawsuit. Unlawful harassment or discrimination must be either severe or pervasive. If there is additional similar misconduct by the assistant manager, anyone else, etc., call an employment law attorney to discuss. You may also want to confirm to HR or the owner, etc. in writing that you complained to the head manager and nothing was done. That way, you have written evidence of your complaint.

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Answered on 4/07/14, 11:14 am

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