Discrimination on the Job

questions & answers

Question: My boss several time has used " f'king hispanish guy "expression in front of me even though he i am one of them and once used referring to me to a friend on the phone, he did not know i was around at the time but i do not have anything on tape. What do i do ?

Answer: Your company may have a policy that prohibits this type of behavior.  If so, you should report the behavior to the appropriate authorities within your company.
 
According to Arizona Revised Statute 13-2921:

13-2921. Harassment; classification; definition
A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:
1. Anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveils or causes another person to surveil a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.
6. Interferes with the delivery of any public or regulated utility to a person.
B. A person commits harassment against a public officer or employee if the person, with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.
C. Harassment under subsection A is a class 1 misdemeanor. Harassment under subsection B is a class 5 felony.
D. This section does not apply to an otherwise lawful demonstration, assembly or picketing.
E. For the purposes of this section, "harassment" means conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.

Because the law specifies that the person must have “intent to harass” or “knowledge of harassment,” you may want to inform the person making these comments that you feel uncomfortable or harassed.  This more easily creates knowledge if the events continue.  If you plan to take legal action it may be important for you to document each incident immediately after it happens.  

For more information about workplace racial harassment, visit: https://www.workplacefairness.org/race-harassment

QUESTIONS

  • My boss several time has used " f'king hispanish guy "expression in front of me even though he i am one of them and once used referring to me to a friend on the phone, he did not know i was around at the time but i do not have anything on tape. What do i do ?

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