Unruh Civil Rights Act provides broad racial harassment protections

In a recent case, an employee attended a work-related presentation during which the trainer made alleged offensive racial comments to him. The issue on appeal was whether the employee stated valid claims against the trainer and his employer for aiding and abetting racial harassment and discrimination under the Fair Employment and Housing Act (FEHA), race discrimination under the Unruh Civil Rights Act, and intentional infliction of emotional distress (IIED).

Facts

For nearly two decades, Robert Smith, who is African-American, worked for Najjar Lube Centers, Inc., doing business as Jiffy Lube. He alleged Jiffy Lube harassed and discriminated against him because of his race and passed him over for promotions.

In September 2017, Jiffy Lube held a company presentation to train employees about a new product from BP Lubricants USA, Inc. Gus Pumarol, a BP employee, led the presentation, which was attended by 50 Jiffy Lube employees.

During the presentation, Smith asked a question, and Pumarol responded, "Huh. Speak up. I can't hear you." When Smith spoke again, Pumarol said, "You sound like Barry White." All the non-African Americans in the audience laughed, including three of Smith's superiors: Jiffy Lube owner Elias Najjar, HR director Martha Villalobos, and head of operations and Jiffy Lube co-owner Cruz Martinez.