Legal Question in Employment Law in California

what action should be taken when colleagues and subordinates frequently begin speaking Spanish in undertones comments and laughs. This is upsetting to me and other workers and event clients complain. This under chatter is creating a hostile work environment and has created suspicion and distrust. The attitude of the 'chatting' is done with a lack of respect. I (as do other non-Spanish speaking persons) clearly understand some words that are distinctly derogatory.

Asked on 6/03/13, 11:20 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You can complain to HR and mgmt. But, understand that there are no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, UNLESS the conduct is based upon discrimination, harassment or retaliation as defined as actually ‘illegal’ under the Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc] statutes.. Unless this conduct somehow amounts to legally prohibited discrimination or harassment directed against you and ignored by the company, it is not illegal. Unfortunately for you and society, we now have protected and promoted 'multiculturalism'. If you believe it fits within the Civil Rights laws, feel free to contact me for legal help.

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Answered on 6/03/13, 7:03 pm

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