Racial harassment in the workplace is a problem that is becoming increasingly relevant in the work culture to prevent it from continuing to be committed, especially in the United States.
According to the Equal Employment Opportunity Commission (EEOC), racial harassment is defined as any unwelcome conduct that is based on an individual’s race or color.
As we know, this includes actions such as verbal insults, displaying racist materials in the workplace, among others.
In California, racial harassment is illegal under the Fair Employment and Housing Act (FEHA), however, employment statistics for 2021 show that there has been an increase in racial harassment cases being filed with the EEOC.
The data also showed that the number of cases or disputes due to conflicts of this type, for the most part, had not been dealt with successfully, with which, and through the following information, we seek to educate the reader about the current situation that the country is experiencing. state regarding labor rights and related to harassment or racial discrimination.
Racial Harassment in California: Latest Facts
In 2018, the National Institute of Justice published a report in which it found that 1 in 4 women and 1 in 6 men experience workplace harassment. The report also found that Black women are 3.5 times more likely than white women to experience sexual harassment in the workplace, and that Latina women are 2.5 times more likely than white men to experience sexual harassment.
The California Department of Labor has released a report that shows that racial harassment is an issue that has been present for decades in the state and that they are continually seeking solutions to prevent or reduce these crimes, especially in workplaces. where this type of situation and conflict is more frequent.
Likewise, and during 2021, there were 2,975 complaints of racial harassment made in California. Of these claims, 1,902 were filed as compensatory claims, and 1,205 were filed as punitive claims. The report also found that the most common race or ethnicity targeted in racial harassment complaints were white-skinned people.
What to do if you are a victim of racial harassment in California
First, you can file a complaint with the California Commission on the Status of Women. Second, you can go to the California Human Rights Court to file a lawsuit. Third, you can sue the person or company that harassed or harassed you by discussing your options first with a law firm or attorney.
If you decide to file a complaint with the California Commission on the Status of Women, you will be interviewed by an investigator. He or she will ask you questions about what happened and may also request that they take a written statement.
If you decide to go to the California Human Rights Court, you must file a complaint and serve the other party with a notice of intent to file a claim. The other party will have the opportunity to file an answer within a set time. After the response is filed, the court will hold a hearing to determine if the harassment occurred.
If the harassment is found to have occurred, the court will order the offender to pay damages. If the defendant does not present a response, he may suffer a greater penalty from the authorities when he appears in court.
Now: If you decide to sue the person or business that directly harassed you, you must file a lawsuit and serve the other party with a copy of the complaint. After the response is filed, the court will hold a hearing to determine if the harassment occurred. If true, the abuser will also have to pay compensation to the person, and, if he/she does not respond, he/she could also face greater consequences than those already weighed on him/her for this crime.