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Race Discrimination
The California Fair Employment and Housing Act (FEHA) prohibits
harassment based on race, religious creed, color, national
origin, and ancestry, among other things. See Cal.Gov.Code. §
12940(j)(1). A working environment charged with ethnic or racial
discrimination can also violate Title VII of the Civil Rights
Act of 1964, 42 U.S.C. §§ 2000e, et seq. An employer has a duty
to prevent and remedy instances of racial and national origin
harassment. Racial slurs may constitute harassment even if made
by one member to another member of the same race.
A supervisor
that makes a single racial slur may render the employer liable
for creating a hostile work environment. A hostile environment
may exist even if some of the hostility is directed at other
workers. Claims of harassment based upon religion involve the
same principles established in connection with sexual and racial
harassment under Title VII and the FEHA. Hostile work
environment claims have also been recognized based on disability
discrimination.
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