Threats of Violence Based on Race

If you are harassed in the workplace because of your race, you may be able to file a claim and receive compensation. Harassment in the workplace can take a number of different forms including the threat of violence. Harassment in the workplace based on race, color or ethnicity is not just inappropriate, it is a type of illegal discrimination. Harassment based on race is also referred to harassment based on ethnicity or color. Despite the fact that anti-discrimination laws have been around for over 50 years, race discrimination continues to plague the workplace. Employers who harass employees or permit harassment to continue would have violated the law and as a result face serious consequences such as penalties and fines. A threat of violence may also lead to criminal prosecution. Furthermore, the victims of racial harassment are entitled to seek compensation by filing a claim for workplace harassment and discrimination. If you are in need of an employment lawyer because you have suffered threats of violence based on race, it is important that you immediately contact an experienced Los Angeles Threats of Violence Based on Race Lawyer who will make sure your employer is held accountable for violating the law.

Under California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940(a), employers are prohibited from discriminating against employees or applicants based on a number of attributes including race and color. FEHA is enforced by California's Department of Fair Employment and Housing.

Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race and color, as well as sex, national origin, and religion. It is enforced by the Equal Employee Opportunity Commission (EEOC).

There are a wide range of actions by managers, supervisors or co-workers that could amount to race-based threats of violence. Examples include:

• Symbols of violence. If a symbol of violence or a tool that is associated with acts of violence is displayed to an employee, doing so could amount to a threat. For example, a noose is a symbol of violence against African Americans. Leaving one on the desk of an African American employee would be considered a threat of violence base on race. The symbol does not have to be the physical item, but could also be an image.
• Verbal threats. Verbal threats of violence directed exclusively at an employee or employees of a particular race would violate anti-discrimination laws.
• Bullying. Bullying that includes threats of violence.
• Offensive graffiti, cartoons or pictures. Graffiti, cartoons or pictures depicting violence against people of a particular race, color ethnic group, would also amount to a threat of violence.

In February 2006, the EEOC agreed that an African American employee had been subjected to race-based threats of violence at the naval facility at which he worked, based on a noose being placed in his work area. It is well settled that a hangman’s noose evokes an image of extreme racial violence and of a death threat, particularly among African Americans. This incident altered the condition of victim’s employment and made the workplace hostile. As a result the victim was awarded $35,000.00 in non-pecuniary compensatory damages, restoration of annual and sick leave, and $34,505.87 in attorney's fees. In addition, the agency was ordered to provide racial harassment training to all employees at the facility. Tootle v. Navy, EEOC Appeal No. 07A40127 (Feb. 10, 2006).

If you suffered harassment in the workplace based on your race, color or ethnicity, you have the right to file a civil claim in order to hold the harassing party accountable for his or her actions. Through a civil claim, you may be awarded several different types of compensation including back pay, restoration of benefits, and compensation above and beyond lost wages. Furthermore, your employer may be ordered to implement policies aimed at preventing future harassing behavior.

If you have been harassed on the job, it is important that you contact an attorney right away. Claims for workplace discrimination or harassment are subject to a statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. Failure to timely file a claim may mean that you will be forever barred from pursuing compensation in your racial discrimination case even if your case has merit.

If you have been the subject of race-based threat of violence in your workplace you should discuss the specifics of your case with an experienced employment lawyer. Not only may the discriminating party face serious consequences, you as the victim may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in a variety of employment related cases including wage-and-hour claims, employment discrimination and other employment law violations. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.