

Employers are responsible for Racial Harassment, but under what circumstances?
Racial harassment is:
Racial harassment often overlaps with ethnic, ancestry, color, and national origin harassment. Attempting to pinpoint exactly which of these categories the harassment falls into is not productive because all of them are forbidden in the workplace.
Employers are liable for harassment by:
SUPERVISORS AND HIGHER LEVEL EMPLOYEES
Co-workers if the employer knows of their harassment, and it continues.
In order for employers to be responsible for racial harassment of supervisors the supervisor must, at minimum, have the ability to direct the flow and/or assign work. Employers can be strictly liable for a lead’s harassment depending on the lead’s responsibility, and whether they are the highest ranking person in charge who is present. Companies are strictly liable for racial harassment by a supervisor, manager, or owner. These persons of authority do not have to be the harassment victim’s immediate supervisor.
Racial harassment has to be offensive to a reasonable person of the age and background of the victim of harassment. Presumably there are some comments and actions that may not pass this test. For example, if somebody said, “The history of all hitherto existing society is the history of class struggles” many ethnicities may relate this quote to their ancestor’s struggles, but these are the first few words of the Communist Manifesto by the great political thinker Karl Marx. These words express Marx’s belief about dueling classes in society for thousands of years. But what if a manager remarked, on a daily basis, there is a reason why a certain minority group earns less than others? That is offensive and related to a particular ethnicity or race.
SPEAK TO A RACE DISCRIMINATION LAWYER
AT (951) 367-1000
The biggest problem with racial discrimination at work is often times it can be felt, but proving it is racially motivated conduct is another story. The court will argue a series of actions taken towards an employee may be the cause of race discrimination, but could just as easily be the cause of business necessity and somebody’s non-discriminatory belief about how business should be conducted. Ultimately, the employee must prove the adverse job actions were substantially motivated by race.
Examples of race discrimination at work, the Employment Lawyers Group has succeeded in proving include:
Race harassment and discrimination is offensive. We apologize if anybody is offended by the content on this page. However, real words and examples of repugnant discrimination will be described in any court case involving race discrimination. Words must be repeated. In addition, it is important to be able to recognize what types of situations will succeed and which will not in lawsuits involving racial discrimination at work.