A California appeals court has ruled that an employee who claimed he was the victim of workplace bias and violence can sue his employer under California Civil Code sections 51.7 (the Ralph Civil Rights Act) and 52.1 (Bane Civil Rights Act), which provide individual protections against discriminatory violence and denial of civil rights by means of threats and intimidation. The employer argued unsuccessfully that these provisions weren’t applicable to employment cases.
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The case involved Robert Stamps, an African-American, who worked as a tunnel miner for mining company Traylor Bros. Stamps claimed that his supervisor, Travis Thompson, verbally harassed him with racist remarks, yelled at him in an intimidating manner, threatened him with physical violence for not completing work assignments, and placed him in unsafe work situations without proper equipment and training, all on account of his race. Stamps further claimed that Thompson’s lack of concern for his safety resulted in an injury causing several of Stamps’ toes to be amputated, and that Stamps was fired as a result of the injury.
The bottom line for employers, as a result of this ruling, is that employees now have a new way to sue for workplace bias that includes violence, without having to first file a discrimination charge with the Department of Fair Employment and Housing. Suits brought under these civil rights statutes have up to a three-year statute of limitations, versus just one year for FEHA claims. What’s more, violations carry a civil penalty of $25,000, in addition to punitive damages and attorney’s fees.
Additional Resources:
“Employee Complaints: An Investigation and Action Guide,” an exclusive Special Report from the California Employer Advisor