Have You Been Discriminated Against or Harassed Due To Your National Origin?
The Dolan Law Firm has the largest reported verdict in California for race and national origin harassment.
After fighting a five-year battle against FedEx, Christopher B. Dolan received a $60 million verdict against FedEx Ground and a $1,000,056 verdict against manager/supervisor Stacy Shoun for harassment of two Arab/Lebanese package delivery drivers.
This case was a landmark victory for civil rights in California and the United States and is the largest reported employment harassment verdict for individuals.
What Constitutes National Origin Discrimination or Harassment?
Harassment can include name calling, offensive jokes and/or cartoons, pictures, undesirable assignments or other changes in the work environment, based on race, national origin, sex, etc., which makes the terms and conditions of employment more difficult. Harassment by employees, independent contractors or a company’s customers is also illegal and an employer is required to take action to prevent such conduct and to immediately remedy any such conduct that occurs.
Employees who believe that they are being harassed should report the harassment, in writing, to their superiors and to human resources. If your employer has an employee handbook, look for its reporting mechanism and follow it. Employers will seek to avoid liability for harassment, claiming that employees did not use the readily available complaint procedure. You should document all complaints and any retaliation that follows any such complaints.
In California, an employer is strictly liable for any harassment undertaken by a supervisor. This means that an employer is deemed to have knowledge of the conduct of supervisors and is automatically liable if that conduct can be proven. When it is a case of co-worker harassment, where one employee, not a supervisor, harasses another employee, the company must be notified of the harassment and have an opportunity to remedy it before it can become liable. If a company knows or should have known of the harassment because it was so open and obvious or done in the presence of a supervisor, then a formal report may not be required.
An employer is prohibited from retaliating against an employee or person providing services pursuant to a contract (independent contractor). An employer that retaliates against an employee is further liable for damages for any acts of retaliation.
Punitive damages may be awarded against a company that fails to take steps to prevent or remedy harassment that its senior managers knew or should have known about.
Speak To a Discrimination Attorney Today
The Dolan Law Firm has received record verdicts and settlements for its clients who have suffered harassment, discrimination and/or retaliation. Contact us online for a free case evaluation or call 415-636-8160.
