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Violence in the Workplace

Violence in the Workplace

The recent case of Stamps v. The Superior Court of Los Angeles County, No. B183741 (February, 27, 2006) discusses how a private cause of action can be brought on behalf of an employee who has suffered violence or threat of violence on a discriminatory basis by his or her employer. Here are the facts of Stamps:

  • Robert Stamps, an African-American, was hired by Traylor Mining Co.
  • Stamps alleged 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 generally placed him in unsafe work situations without proper equipment and training, all on account of his race.
  • Thompson's alleged lack of concern for Stamps' safety resulted in an injury that caused several of Stamps' toes to be amputated.
  • Stamps was terminated as a result of his injury.

The Law

  • Section 51.7 and 52.1 of the California Civil Code (respectively, the Ralph and Bane Civil Rights Acts) enable an employee to bring a civil action for damages and equitable relief (to order the court to prevent future harm from occurring) if the employee has or will likely suffer from violence or intimidation by threat of violence based on, among other things, race, religion, ancestry, national origin, political affiliation, sex, or position in a labor dispute.
  • The Sections above are not part of the Unruh Act (Section 51 of the Civil Code), which entitles all persons to equal accommodations and privileges in business accommodations and does not apply to employment discrimination.
  • When suing under 51.7 and 52.1, a plaintiff does NOT have to seek a right to sue letter from the DFEH before filing a private civil action. He or she may file an action while pursing a complaint with the DFEH.

What You Should Do

If you feel that you have suffered violence or threats of violence by your employer based on your race, religion, sex, ancestry, national origin, political affiliation, or position in a labor dispute, call this office immediately for a consultation. You may not have to be terminated or retaliated against to file a private cause of action.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


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