California Government Code Section 12940 and federal law prohibit harassment and discrimination in the terms or conditions of employment on the basis of national origin, and prohibit harassment based upon an employee’s perceived national origin. Furthermore, the law requires employers to take all reasonable steps necessary to prevent harassment from occurring in the workplace.
The California Supreme Court has defined harassment as conduct that is outside the scope of necessary job performance; conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other person motives.
EXAMPLES OF NATIONAL ORIGIN HARASSMENT
Harassment can be categorized into verbal harassment, physical harassment, or visual harassment. Verbal harassment consists of but is not limited to derogatory comments, slurs, comments and jokes. Physical harassment is defined as unwanted touching, assault and physical interference with one’s movement or work. Visual harassment includes derogatory cartoons, drawings, or posters, and lewd gestures. Additionally, workplace harassment can involve violence or threats of violence.
Harassment based on national origin often consists of unwelcome verbal or physical conduct directed at an employee because of his or her national origin and/or perceived national origin, ethnic background, or birth country. As an example, an employee should not be harassed for speaking with an accent.
Since the September 11 attacks, we have seen many cases where Sikh-Americans, Arab-Americans or people of Middle Eastern descent are mocked and disparaged because of their ancestry. We continue to see cases where African-Americans are harassed. We see petty and ignorant supervisors mistreating employees solely because of their ancestry, and this occurs with virtually every ethnic group: Asians, Hispanics, African-Americans, Filipino-Americans, Eastern Europeans, and many others. We even see cases of reverse discrimination, where Caucasian employees are targeted in work environments in which they are the minority.
NATIONAL ORIGIN HARASSMENT ATTORNEYS
At Tumber Law Firm we take aggressive action against any workplace harassment that is motivated by discriminatory prejudice.
Tumber Law Firm is based in San Francisco, California. Our attorneys represent clients in San Francisco, San Mateo, Santa Clara, Monterey, Alameda, Contra Costa, Sacramento, Solano, Marin, and Sonoma Counties. Tumber Law Firm protects clients from harassment based on national origin, age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications; retaliation, discrimination, and denial of accommodations. Additionally we represent employees if they have not been paid the proper wages including overtime or minimum wage, or those not given the proper meal and rest breaks. If you believe that your rights have been violated, CONTACT US to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.