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The California Fair Employment and Housing Act specifically prohibits harassment on" race, religious belief, color and national origin. " "Hostile work environment information for reasons of racial harassment will be subject to the same standard as the basis of sexual harassment. Thus, allegations of racial hostility in the workplace must be assessed from the perspective of a reasonable person of the same racial or ethnic group as a plaintiff.

Harassment under California law standard

To the racial harassment, the conduct must be sufficiently "strong" or "pervasive", later to the conditions of victims of employment. The victims of racial harassment must be a concerted partner of harassment of a repeated, routine or a general nature " "and that the conduct" unreasonably abusive or offensive work environment or associated with negative effects on workers in the appropriate position to his or her work. "

Although some isolated incidents are usually not sufficient to hostile work environment, even a single act by a supervisor may be strong enough to withstand the conditions of employment. Thus, while the employee only racist remark may not be sufficient to address the harassment, the same statement from the victim's immediate supervisor could be feasible, by the authority as the supervisor of the victim and the increase in stress / injury, arising as a result of that subject of harassment by the person in a position of authority.

Employers the obligation to prevent harassment

As with sexual harassment claims, an employer has a duty to prevent and remedy instances of racial and national origin harassment. An employer who is not to solve the problems of which they are actual or constructive knowledge could be held liable for the harassment, despite the existence of a formal policy against harassment.

Harassment of the Member States with the same race

At least one federal court ruled that racial insults may constitute harassment, even if by a member to another member of the same race, as the Court in Ross v. Douglas County (8th Cir. 2000).

In the case of harassment directed at others

Due to the violation of harassment in the workplace focuses on the environment as a whole, a hostile environment can exist even if some of the hostility directed at other workers. So, where racial slurs were in a minority, the race of the plaintiff is a member, such as arches, on the other minorities may contribute to the hostility of the working environment.

Arkady Itkin

Attorney at Law

http://www.sanfranciscoemploymentlawfirm.com