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

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

Posted

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.

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Posted

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 given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

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Posted

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.

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Posted

I agree with both of my colleagues.

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Posted

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.

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Posted

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 advice of a licensed attorney before taking any action that may affect your rights

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Posted

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 http://www.adamsemploymentlaw.com Avvo is a free service that enables you to obtain general information, not legal advice. My responses to questions on Avvo are not intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established by the execution of a written agreement for legal services.

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