California Discrimination Attorneys
Under California and Federal Law it is unlawful to discriminate against or harass an employee or someone providing services pursuant to a contract (independent contractors) because of their race or 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 $60,000,000.00 verdict against FedEx Ground, and a $1,000,056.00 verdict against their manager/supervisor, Stacey 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. For more information on the case Click Here.
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 or independent contractors, by a company's customers is also illegal and an employer is required to take action to prevent such conduct from occurring 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 their 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 which follows any such complaints.
In California an employer is strictly liable for any harassment undertaken by a supervisor. This means that they are deemed to have knowledge of the conduct of supervisors and they are liable automatically 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 the harassment before they can become liable. If 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.
The Dolan Law Firm has received record verdicts and settlements of its clients who have suffered harassment, discrimination and/or retaliation. Contact us today for a free case evaluation.
Christopher B. Dolan , received a $60,000,000.00 verdict against FedEx
The $50 million punitive damage award came in the second phase of the trial and was based on a finding that FedEx Ground and Shoun acted with oppression and malice in the treatment of the plaintiffs. The Jury held the individual manager liable for $1 million in emotional distress damages and $56.00 in punitive damages after the plaintiffs' counsel asked the jury to teach him a lesson through compassion in the punitive damage phase and hold the company liable for the damage. The total verdict was $61,000,056.00. (Alameda County Superior Court Case No . 841208-9.)
Christopher B Dolan, Esq., of the Dolan Law Firm, San Francisco, counsel for the plaintiffs, stated, "This is a significant statement by the jury, 12 Americans, that harassment of Arabs will not be tolerated. In this day and age, where Arabs are being targeted for harassment and discrimination based on the stereotypes projected by our government and the media, it was a brave statement by this jury, after hearing all the evidence, that this conduct will not be tolerated in a decent law abiding society."
Following the jury’s award, the plaintiffs said, “We thank God that the jury stood up to the giant Federal Express and made a statement that we count, that we have rights, and that we should not be forced to work under conditions where we are treated as less than human."
California law provides that individuals who engage in harassment can be held personally liable as well in addition to the employer being held liable when the employer knows or should have known and fails to act to prevent or stop the harassment.
An individual who has suffered unlawful conduct, inc California, in violation of their rights under the Fair Employment and Housing Act (such as discrimination and or harassment based on membership in a protected classification) must file a complaint with the Department of Fair Employment and Housing (DFEH), generally within one year of the conduct (there are limited exceptions in some cases) or they may lose their right to pursue legal action for this conduct. Information on, and forms provided by, the DFEH and its complaint process can be found at http://www.dfeh.ca.gov/complaints/Default.aspx.
