THE RALPH CIVIL RIGHTS ACT & THE BANE CIVIL RIGHTS ACT
Do I Have Any Rights When I Have Suffered Violence Or Intimidation At Work?
Yes, California employees have rights under the Ralph Civil Rights Act and the Bane Civil Rights Act if they have suffered violence or intimidation at work. Under the Ralph Civil Rights Act of 1976, all employee sin California have the right to be free from any violence or intimidation by threat of violence against them or their property because of their actual or perceived position in a labor dispute, their gender, race, religion, or any other protected characteristic.
HOW DO I PREVAIL FOR A CLAIM UNDER THE RALPH CIVIL RIGHTS ACT?
That The Defendant Committed Or Threatened To Commit An Act Of Violence Against Them Because Of The Victim’s Actual Or Perceived Characteristic
- These acts include verbal or written threats of violence, physical or attempted assault, and property damage such as graffiti or vandalism.
- That the motivating reason for the defendant’s conduct was the actual or perceived characteristic of the victim;
- The victim was harmed in some way; and
- The defendant’s conduct was a substantial factor in cause harm to the victim.
- How do I Prevail for a Claim Under the Bane Civil Rights Act?
The Bane Civil Rights Act also forbids people from interfering with a person’s state or federal constitutional rights using threats or intimidation. In employment law, the Bane act also fills in gaps in the Ralph Civil Rights Act by allowing victims to seek temporary restraining orders or preliminary or permanent injunctions to prevent the threatened violence from occurring.
WHAT ARE MY LEGAL REMEDIES UNDER THE RALPH AND BANE CIVIL RIGHT ACTS?
Legal remedies include damages relating to medical treatment, lost wages, the cost to repair property, and emotional suffering and distress, punitive damages, civil penalties, and attorney’s fees.
Is There A Time Limit For When I Can File A Claim?
Lawsuits Filed Under These Civil Right Acts Must Be Filed Within One Year From The Day The Victim Becomes Aware Of The Defendant’s Identity But Cannot Be Filed More Than 3 Years From The Date The Victim Suffered Harm.
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