Under the Ralph Civil Rights Act of 1976 (Calif. Civil Code § 51.7), a victim of a hate crime or threatened hate crime can pursue a civil lawsuit for damages.
This law protects people of certain protected classes from violence and intimidation based on their affiliation with the protected class. For example, a civil lawsuit can be filed by victims of violence or intimidation based on sex, sexual orientation gender, race, ethnicity, religion, ancestry/heritage, national origin, disability, medical condition, marital status, citizenship, political affiliation, language, and immigration status. However, the statute makes it clear that this list is not all-encompassing, which means victims of other classes not specifically named can still seek recovery.
Also, the victim does not even have to actually be in the protected class, as the statute also applies if the perpetrator erroneously believes the victim is in a protected class. The point is, the motivation of the perpetrator is what matters.
The Act not only allows for the victim to recover damages for financial harm (such as medical bills, loss of wages for time off work, etc.), but also for emotional damages, pain and suffering, punitive damages, and attorneys’ fees. But the Act also goes further in that Civil Code § 52(b)(2) mandates a civil penalty against the perpetrator in the amount of $25,000.00 for violations of Civil Code § 51.7.
These violations do not have to be pursued in a civil lawsuit, but can also be pursued by the Department of Fair Employment & Housing Agency or by the Attorney General.
Our office has unfortunately had to file one such lawsuit recently against A B CARING SENIOR LIVING, INC. and its manager/supervisor REBECCA CARRASCO.
The lawsuit alleges that REBECCA CARRASCO repeatedly called our client (a single mother of mixed race) derogatory racial slurs such as the “N word” and “monkey” and committed both threatened violence and actual violence against our client because of her race and ethnicity.
The lawsuit also alleges that REBECCA CARRASCO called our client’s two young children (who are also of mixed race) derogatory racial slurs such as the “N word” and “monkey”, which corroborates the allegation that the threatened violence and actual violence committed by REBECCA CARRASCO against our client was because of her race and ethnicity.
The lawsuit also alleges that REBECCA CARRASCO called the only black patient living in the facility derogatory racial slurs such as the “N word” and “monkey”, which, again, corroborates the allegation that the threatened violence and actual violence committed by REBECCA CARRASCO against our client was because of her race and ethnicity.
And because these despicable actions were committed by REBECCA CARRASCO while she was acting as both the landlord for our client’s residence and also acting as our client’s supervisor during our client’s employment with A B CARING SENIOR LIVING, INC., our lawsuit includes not only violations of the Ralph Civil Rights Act, but also violations based on statutes prohibiting physical assault by employers, prohibiting racial discrimination in the workplace, and also prohibiting force or violence to interfere with statutory and Constitutional Rights, among several others.
If you or a loved one believe you have suffered any form of hate crime by someone else, or any discrimination in the workplace, or any discrimination as a customer at a business establishment, please do not hesitate to contact us for a free and confidential consultation to discuss whether your basic human rights have been violated.