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RACIAL HARASSMENT
Racial harassment is a separate and additional statutory violation form discrimination based on race or color. A claim for racial harassment can be maintained not only against the employer, but also personally against the fellow employee or supervisor committing the harassment.
Racial epithets, racial slurs, staements of racial hate, and/or behaviors or conduct that are racially harassing in nature are prohibited in the workplace as not only racial discrimination, but illegal racial harassment.
Employees may not be attacked by words or conduct because of their race.
An employee who has a claim for racial discrimination should promptly contact an attorney regarding his/her rights.
CALIFORNIA GOVERNMENT CODE
SECTION 12940 ET. SEQ.
12940. It shall be an unlawful employment practice, unless based
upon a bona fide occupational qualification...
(a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, or sex of any person, to refuse to
hire or employ the person or to refuse to select the person for a
training program leading to employment, or to bar or to discharge the
person from employment or from a training program leading to
employment, or to discriminate against the person in compensation or
in terms, conditions, or privileges of employment. (1) Nothing in this part shall prohibit an employer from refusing
to hire or discharging an employee with a physical or mental
disability, or subject an employer to any legal liability resulting
from the refusal to employ or the discharge of an employee with a
physical or mental disability, where the employee, because of his or
her physical or mental disability, is unable to perform his or her
essential duties even with reasonable accommodations, or cannot
perform those duties in a manner that would not endanger his or her
health or safety or the health and safety of others even with
reasonable accommodations.
(2) Nothing in this part shall prohibit an employer from refusing
to hire or discharging an employee who, because of the employee's
medical condition, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those duties
in a manner that would not endanger the employee's health or safety
or the health or safety of others even with reasonable
accommodations....
***
(c) For any person to discriminate against any person in the
selection or training of that person in any apprenticeship training
program or any other training program leading to employment because
of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, or sex of the person discriminated against.
(d) For any employer or employment agency... to print or
circulate or cause to be printed or circulated any publication, or to
make any non-job-related inquiry, either verbal or through use of an
application form, which expresses, directly or indirectly, any
limitation, specification, or discrimination as to race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, or sex , or any intent
to make that limitation, specification or discrimination. Except as
provided in the Americans with Disabilities Act of 1990 and the regulations adopted pursuant thereto, nothing in this subdivision shall prohibit any employer from making, in
connection with prospective employment, an inquiry as to, or a request for information regarding, the physical fitness, medical condition, physical condition, or medical history of applicants if
that inquiry or request for information is directly related and
pertinent to the position the applicant is applying for or directly
related to a determination of whether the applicant would endanger
his or her health or safety or the health or safety of others.
***
(f) For any employer, labor organization, employment agency, or
person to discharge, expel, or otherwise discriminate against any
person because the person has opposed any practices forbidden under
this part or because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
(g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.
(h) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading to
employment, or any other person, because of race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, or age, to harass
an employee or applicant. Harassment of an employee or applicant by
an employee other than an agent or supervisor shall be unlawful if
the entity, or its agents or supervisors, knows or should have known
of this conduct and fails to take immediate and appropriate
corrective action. An entity shall take all reasonable steps to
prevent harassment from occurring. Loss of tangible job benefits
shall not be necessary in order to establish harassment.
***
(C) For purposes of this subdivision, "harassment" because of sex
includes sexual harassment, gender harassment, and harassment based
on pregnancy, childbirth, or related medical conditions. ***
(i) For an employer, labor organization, employment agency,
apprenticeship training program, or any training program leading to
employment, to fail to take all reasonable steps necessary to prevent
discrimination and harassment from occurring.
***
(k) For an employer or other entity covered by this part to fail
to make reasonable accommodation for the known physical or mental
disability of an applicant or employee. Nothing in this subdivision
or in paragraph (1) or (2) of subdivision (a) shall be construed to
require an accommodation that is demonstrated by the employer or
other covered entity to produce undue hardship to its operation....
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED
42 USC SECTION 2000e ET. SEQ.
SEC. 2000e.
For the purposes of this subchapter:
(a)***
(b) The term ``employer'' means a person engaged in an industry affecting
commerce who has fifteen or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year...
***
(f) The term ``employee'' means an individual employed by an employer,
except that the term ``employee'' shall not include any person elected to
public office in any State or political subdivision of any State by the
qualified voters thereof, or any person chosen by such officer to be on
such officer's personal staff...
***
(j) The term ``religion'' includes all aspects of religious observance and
practice, as well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate to an employee's or prospective
employee's religious observance or practice without undue hardship on the
conduct of the employer's business.
(k) The terms ``because of sex'' or ``on the basis of sex'' include, but
are not limited to, because of or on the basis of pregnancy, childbirth,
or related medical conditions; and women affected by pregnancy,
childbirth, or related medical conditions shall be treated the same for
all employment-related purposes, including receipt of benefits under
fringe benefit programs, as other persons not so affected but similar in
their ability or inability to work...
***
SEC. 2000e-2.
(a) It shall be an unlawful employment practice for an employer -
(1) to fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with respect to his
compensation, terms, conditions, or privileges of employment, because of
such individual's race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants
for employment in any way which would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely affect his
status as an employee, because of such individual's race, color, religion,
sex , or national origin.
(b) It shall be an unlawful employment practice for an employment agency
to fail or refuse to refer for employment, or otherwise to discriminate
against, any individual because of his race, color, religion, sex, or
national origin, or to classify or refer for employment any individual on
the basis of his race, color, religion, sex, or national origin. ***
(d) It shall be an unlawful employment practice for any employer, labor
organization, or joint labor-management committee controlling
apprenticeship or other training or retraining, including
on-the-job training programs to discriminate against any
individual because of his race, color, religion, sex , or national origin
in admission to, or employment in, any program established to provide
apprenticeship or other training.
***
(k) (1) (A) An unlawful employment practice based on disparate impact
is established under this title only if-
(i) a complaining party demonstrates that a respondent uses a
particular employment practice that causes a disparate impact on the basis
of race, color, religion, sex, or national origin and the respondent fails
to demonstrate that the challenged practice is job related for the
position in question and consistent with business necessity; or
(ii) the complaining party makes the demonstration described in
subparagraph (C) with respect to an alternative employment practice and
the respondent refuses to adopt such alternative employment practice.
***
(l) It shall be an unlawful employment practice for a respondent, in
connection with the selection or referral of applicants or candidates for
employment or promotion, to adjust the scores of, use different cutoff
scores for, or otherwise alter the results of, employment related tests on
the basis of race, color, religion, sex, or national origin.
(m) Except as otherwise provided in this title, an unlawful employment
practice is established when the complaining party demonstrates that race,
color, religion, sex, or national origin was a motivating factor for any
employment practice, even though other factors also motivated the
practice.
SEC. 2000e-3. (a) It shall be an unlawful employment practice for an employer to
discriminate against any of his employees or applicants for employment,
for an employment agency, or joint labor-management committee
controlling apprenticeship or other training or retraining, including
onthejob training programs, to discriminate against any
individual, or for a labor organization to discriminate against any member
thereof or applicant for membership, because he has opposed any practice
made an unlawful employment practice by this subchapter, or because he has
made a charge, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this subchapter. ***
[ Disclaimer: Only portions of the laws are reprinted above; the text has been edited for content. The text is representative (not exhaustive), to provide the reader with a general understanding of employment discrimination law. Additional reading can be found at the main US AND CALIFORNIA EMPLOYMENT LAW webpage.]
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Disclaimer: The information on this website is provided to assist the general public.
It does not consitute legal advice or create an attorney-client relationship.
Copyright (c) 1997 Joe DiPaola
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