Working World

I have heard of cases involving sexual harassment. My problem is that my supervisor harasses me and some of my Latina coworkers because we’re Mexican-American. He says things like, “All Latinas are fat slugs,” and demeans us all the time. This abusive treatment is causing me a lot of stress and misery.  What should I do?  Do I have any legal remedies?

Although sexual harassment claims have received more media attention, the California Fair Employment and Housing Act prohibits harassment based on “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition (cancer or genetic characteristic), marital status, sex, age or sexual orientation.”  As with sexual harassment, your employer has a duty to prevent and remedy harassment based on these other protected characteristics.  

To make a case of harassment based on national origin, the employee must establish that he or she was subjected to offensive comments or other abusive conduct that was based on the employee’s national origin and were sufficiently severe or pervasive so as to “alter the conditions” of employment. Whether the conduct is sufficiently severe or pervasive is assessed from the perspective of a reasonable person of the same national origin as the complaining employee. In addition to an order prohibiting continued harassment, you might be entitled to damages for emotional distress.  

You should start by taking advantage of any formal grievance or complaint procedure that your employer has available. If there is no specific person designated to receive complaints of harassment, then you may choose to go to a manager you think will be helpful to remedy the situation or to human resources personnel.  

If you make your complaint verbally, it might be a good idea to follow up in writing, so that there is no later dispute as to the timing and substance of your complaint. You may also contact your local office of the Department of Fair Employment and Housing or Equal Employment Opportunity Commission and request an investigation. Note that it is illegal for your employer to retaliate against you for making a complaint of harassment and/or discrimination.   

Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.