I am constantly witnessing discrimination from my boss, is there anything I can do as a witness?

First, I say good for you, for spending some effort to address an illegal and appalling practice that does not affect you directly. Next, I want to echo the prior response, cautioning you against "secretly" saving phone numbers. That is probably misconduct for which your employer could legally terminate you, since it sounds like you are not supposed to have access to the phone numbers of applicants. If your employer has five or more employees, his conduct is a violation of the Fair Employment & Housing Law. You can make a complaint directly to the appropriate person at your work, which might be your boss. It is illegal for your employer to retaliate against you for making that complaint. If you choose to complain, I recommend that you do so in writing. Even though this type retaliation is illegal, you may still suffer some consequences from doing so. Given your location, it would be hard to find an experienced attorney to represent you. As a practical matter, you must ask yourself whether complaining to your boss will cause him to change his behavior. You may have a claim yourself for being exposed to this conduct. However, again, I suspect you would have a hard time finding an attorney. I suggest that you contact the Department of Fair Employment & Housing (CA State agency) and see if they have any suggestions.

Good luck to you.

posted by George Allen  |  Nov 4, 2009 11:36 AM [EST]

Don't secretly save phone numbers. Secretly recording information that comes into your employer's possession is grounds for a lawsuit. I especialy do not like you recording private information sent (I am not even sure to you).

Keeping notes to build a case against your employer in case something happens down the line that you do not like is sort of like extortion. Not a good idea.

Don't be an aider or abetor in this practice though. What your boss is doing is wrong. You can confront your boss in writing, but be prepared for the consequences. You could also constructively help your boss "research" issues relating to equal opportunity employment so he becomes aware what he is doing is wrong and you know it is wrong.

posted by Karl Gerber  |  Nov 1, 2009 10:20 PM [EST]

It depends on your situation. If your boss has a boss, or if there is a human resources department in your company, you can go to them and register your complaint. When you do that, you are protected by law from retaliation for your opposition to discriminatory practices. However, murder is illegal as well, and you may be retaliated against. If that happens you have your own claim. You should contact an attorney experienced in employment law. Good luck.

posted by Janet M. Koehn  |  Nov 1, 2009 7:33 PM [EST]  [ Best Answer - selected by asker ]