Many Latino Americans suffer the negative consequences of harassment in the workplace In California, it is not uncommon for managers and coworkers to harass their Hispanic co-workers by using racial slurs, jokes, and comments. They sometimes use negative stereotypes to demean, harass, belittle and ridicule Latino Americans. These Latino Americans are simply trying to do their jobs.
Employees want to report to a workplace that’s not infected with such nonsense. These employees are hard-working. They are respectful of their coworkers. However, this professional conduct is sometimes not reciprocated by coworkers and supervisors. Unfortunately, however, some coworkers and supervisors still harass Latino Americans. This harassment is a major problem in the workplace. It’s clear that no person should ever have to hear racial slurs, racial jokes, or threats and intimidation because of their race or ethnicity. If you are Latino and are the victim of slurs, jokes and innuendo based on your race or national origin, then you should contact an experienced lawyer immediately.
California is the state with the largest Mexican and Mexican-American population. In fact, the number of hate crimes against Mexicans has almost doubled recently. These anti-Mexican feelings are also targeted against other Latino American nationalities in the USA.
The harassment experienced by Latino Americans is multifaceted. It manifests itself in different ways. In some instances, coworkers and/or supervisors use racial stereotypes as the basis for jokes, slurs, gestures, innuendos, and other racially oriented conduct. Not all such conduct is illegal per se. It’s a matter of determining whether an employer, supervisors or coworkers conduct rises to the level of illegal harassment. This analysis depends on the nature, context and severity of the comments, slurs, innuendo and conduct.
If you believe you are being subjected to harassment at work, you should record the statements that are racist, including the name of the person who made the comment, the comment itself, the date, and any witnesses who were present when the comment was made. By keeping a written record of the comments, you will have an easier time remembering the comments if you are required to testify later on. Thus, you may be able to refresh your recollection if the matter proceeds into litigation. Additionally, if you believe that you have been subjected to harassment because you are Latino American, you should consider filing a complaint with the human resources department. But you should be careful. What you say in your complaint, to whom you submit it, and what you say in your complaint letter are all vitally important. Before you take any action, please consult with The Law Offices of Daniel Feder and we can help you with your complaint.
Supervisors are held to a higher standard than co-workers. This higher standard is based on the power and influence that supervisors have in the workplace. It’s much harder for an employee to complaint of racist comments made by a co-worker than an employee. Because of this, an employer may be strictly liable for the harassment against Latino Americans by a supervisor.
Employers might be held liable for the conduct of a coworker. However, the employees must give notice to their supervisors of the conduct and then the company must fail to take proper remedial measures in response to the complaint.
Once an employee complains about illegal harassment based on his or her ancestry as a Latino American, the employer is then required to conduct a immediate, thorough and independent investigation. if the employer fails to do so, the employer may be held liable for damages.
Racial harassment is illegal. At The Law Offices of Daniel Feder in San Francisco, California, we are committed to vigorously enforcing employment law rights of Latinos in the Bay Area. We do this by providing quality representation.
If you or one of your loved ones have been the victim of harassment based on your Latino American ancestry, please contact the Law Offices of Daniel Feder immediately. We can help.
Attorneys representing Latino employees throughout Northern California.
