If I have filed a workplace discrimination based on race against my boss, then should I be still working under her ?

Asked 8 months ago - Ojai, CA

The complain was filed against my boss by me for racial discrimination. The whole compliant/grievance procedure in my organization may take months but meanwhile I have to still work under the same boss. My boss can find more ways to harrass me and jeopardize my future job prospects. needing guidance

Attorney answers (7)

  1. Kristine S Karila

    Contributor Level 16

    6

    Lawyers agree

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    Answered . Your employer needs to investigate your complaint. Meanwhile, although it may not be wise to continue to have you work under the person who you have complained about, they can lawfully do so. Keep a record of any evidence of further discrimination. If the discrimination and harassment based on your race continues, call an employment law attorney to discuss.

  2. Daniel Michael Holzman

    Pro

    Contributor Level 15

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    Best Answer
    chosen by asker

    Answered . The right thing to do would be to move the person harassing and discriminating against you from the work area. However, the employer does not need to do this, but , if you continue to be harassed as a result of filing a claim of harassment your case may actually get better. I suggest that you contact a good employment lawyer to help you strategize. Lawyers will give you a free consultation.

    Best of luck.

  3. Shoham Joseph Solouki

    Contributor Level 6

    4

    Lawyers agree

    Answered . It sounds like you are in a very uncomfortable position. You may want to seek the guidance of an employment attorney. You should also keep a log or journal of any harassment that occurs.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  4. Jonathan Aaron Weinman

    Pro

    Contributor Level 17

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    Answered . I agree with both of my colleagues.

  5. A Melissa Johnson

    Contributor Level 15

    2

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    Answered . Your employer does not have to separate you and the supervisor pending the investigation. However in the meantime, work will probably be uncomfortable for you. Keep detailed notes about that transpires in your workplace, including who said what, where, dates and who was present.

    You may want to consult with an experienced employment attorney to help guide you though this matter. You can look on the California Employment Lawyers Association at www.CELA.com.

  6. Panda Lynn Kroll

    Contributor Level 9

    2

    Lawyers agree

    Answered . Guidance is generally available in the form of a free initial consult. I agree with the advice given by other attorneys on this board. Your situation is stressful anand you must have a plan to protect yourself.

    This answer is not a substitute for legal advice and it does not create an attorney-client relationship.  Seek the... more
  7. Christine Marie Adams

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . I agree with the answers above. Be certain to keep detailed records. You could locate an employment law attorney through CELA who practices in Ojai or Santa Barbara to discuss your claims. Most local attorneys offer a free consultation.

    Legal disclaimer: You can reach me at (805) 845-9630 or learn more about our firm and your employment rights at... more

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