It’s perfectly reasonable to expect equal treatment, respect, and dignity in the workplace. When something happens that makes you question your employer’s commitment to fostering a positive work environment, that can hurt in many ways. Racial harassment happens all the time, but sometimes it can be hard to tell whether harassment was intended or not. You may wonder: When do jokes cross the line to become racial harassment in California? It depends on intent.

Joking Versus Harassment

Racial harassment and discrimination happen all the time in California. According to recent statistical data collected by the Equal Employment Opportunity Commission (EEOC), there were just under 1,800 cases of racial discrimination in the workplace throughout the state reported to the Commission in 2024. It can be easy to forget that you are afforded certain rights as a California worker when you are pursuing damages for racial discrimination. A San Diego racial discrimination lawyer can help.

If you decide to take legal action against your employer for fostering a hostile work environment, you may have to be prepared to deal with potential retaliatory actions from your employer. While California is an at-will employment state, your employer can still face legal action for firing you for an illegal reason, including racial harassment.

It does not take much for a seemingly harmless joke to cross the line into racial harassment. Ultimately, it’s up to the victim to decide whether the joke or comment in question was serious enough to warrant further investigation or legal action. However, the joke must be severe, offensive, or pervasive enough to create a hostile work environment. Here are some ways that a joke can be perceived as harassment:

• Severity. The occasional harmless joke may hurt some feelings, but it may not be enough to be considered harassment. However, when pervasive jokes are told frequently in the workplace, they can alter the workplace environment on a fundamental level.
• Racial motivation. For a joke to be considered racial harassment, it must have some sort of racial motivation behind it. The line is crossed when the joke involves racial slurs, racial stereotypes, derogatory remarks, and demeaning comments.
• Hostile work environment. Ultimately, a joke becomes harassment when it leads to a hostile work environment. In a hostile work environment, misconduct is so prevalent that the people in that environment may not even notice it, while any reasonable person would immediately recognize that behavior as abusive and inappropriate.

Hire a Racial Discrimination Lawyer

As you navigate the difficulties of a racial harassment case, it’s important to have the right kind of legal help in your corner. A San Diego racial discrimination lawyer knows the most effective ways to help you build a case and seek accountability. You should seriously think about hiring a California racial discrimination attorney to assist in building your case. You’ll want someone who knows racial discrimination laws and will help your employer face racial discrimination penalties.

When you are dealing with a racial discrimination case, you should always hire a racial discrimination lawyer. You want to make sure your case is being handled by people who know how to help and who are as invested in your case’s success as you are. The legal team at Jimenez Loayza, APC, focuses on assisting victimized employees who have been made to feel small by their employers, including through racial discrimination. We can help you work through your case.

It’s vital that you take care of your own mental health while you are enduring what could be a very painful and personal situation. It’s okay to accept help when you really need it. Throughout this ordeal, you may want to consider reaching out to a local mental health support group like NAMI San Diego or Foresight Mental Health. It can be good to talk to people who may be going through their own traumas. It can provide you with perspective and help you feel less alone.

FAQs

What Counts as Racial Harassment?

Any behavior that is offensive, degrading, unwelcome, and racially charged may be seen as racial harassment. Racial harassment is based on an individual’s perceived race, skin color, or national origin. It doesn’t need to be accurate to be hurtful. Racial harassment creates a hostile work environment and can include offensive jokes, physical actions, offensive imagery, and even unintentional disrespect. It’s the victim who ultimately decides how harmful the behavior was.

What Comments Are Considered Harassment?

Any comments that are unwelcome and offensive to somebody’s protected class are considered harassment under California state law. These comments can include offensive jokes, slurs, insults, threats, and sexual comments, among other things. If you believe someone in your workplace has made a harassing comment towards you, you should report that behavior to the right people and consider moving forward with legal action.

How Do I Report Racial Harassment in California?

If you wish to report racial harassment in California, you should start by reporting the misconduct through your own workplace channels. You can generally find the reporting process in your employee handbook. From there, if nothing is done, you should file an official complaint with the California Civil Rights Department (CRD) for a state-level claim or the Equal Employment Opportunity Commission (EEOC) for a federal claim.

What Are the Four Elements That Legally Define Harassment?

The four elements that legally define harassment are unwelcome conduct, protected characteristics, severity, and liability. Unwelcome contact is the behavior that was not invited by you. Protected characteristics include behavior directed at you because of your protected class, such as race, religion, gender, disability, and more. Severity includes behavior that was severe enough to foster a hostile work environment. Liability is holding your employer liable for allowing such an environment to be fostered in the first place.

California Workplace Racial Discrimination Lawyer

At Jimenez Loayza, APC, we can help you determine your next steps in holding the right people accountable for harassing you because of your race. Reach out to a member of our legal team for help in building your case, gathering evidence, and pursuing damages. We know how to help you.