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.

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Disclaimer: This site is not legal advice. View it as a general resource and public service.

The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years.

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