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Asian American Female Workplace Racial Discrimination and Sexual Harassment
How do I file a complaint for workplace racial discrimination and sexual harassment against my employer? I am an Asian-American woman who endures racial slurs, racial and sexual jokes, and sexual advances on a daily basis from a co-worker. Furthermore, the women's restroom is full of offensive racial and vulgar graffiti on the walls. When I ask my boss to clean up the walls, he just laughs and tells me if I don't like it I can go and find another job. I dread coming to work everyday and I go to the women's restroom at the business next door rather than use the disgusting one at work.
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Answers (1)
Workplace racial discrimination can include racial harassment. This form of harassment includes any conduct based on a person's race that creates an intimidating, hostile, or offensive work environment. Examples of this kind of conduct include racial slurs and jokes about certain ethnic groups. You appear to be a victim of racial harassment on a daily basis.
Not only are you a victim of workplace racial discrimination, but you are also a victim of sexual harassment at work. Sexual harassment includes unwelcome sexual advances and conduct that creates an intimidating, hostile, or offensive work environment. The fact that you no longer want to come into work because you will be subjected to verbal abuse is proof that you are working in a hostile work environment. You cannot even use the restroom in your workplace because of the offensive graffiti in it.
You must file a complaint with the Equal Employment Opportunity Commission (EEOC) before a private lawsuit can be filed in court. This complaint must be filed within 180 days from the date of the alleged violation. The time to file is extended to 300 days if the complaint is also covered by a state or local anti-discrimination law. Remember that while Federal laws apply only to employers with at least 15 employees, many state and local laws apply to employers with less than 15 employees. You may file a lawsuit in court within 90 days after receiving a notice of a "right to sue" from the EEOC.
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Posted by Cynthia Padilla on 04 Feb 2010