San Bernardino is the county seat of the largest county in the United States by land area, and its workforce reflects the scale of the Inland Empire economy — from the BNSF intermodal rail yard and the logistics campuses built on the former Norton Air Force Base to the courtrooms, hospitals, and classrooms that keep the San Bernardino Valley running. That scale should mean every worker is treated with basic dignity. For too many employees of color, it doesn’t. Racial slurs dismissed as “just how the warehouse talks,” accents mocked in a break room, promotions that always go to someone else — these are violations of California law, not quirks of a tough industry.
Winer, Burritt, Scott & Jacobs, LLP represents workers throughout San Bernardino and San Bernardino County who have experienced racial harassment on the job. Our attorneys, including founding partner John D. Winer, have spent decades litigating hostile work environment claims across California, taking on employers of every size, from multinational logistics operators to small businesses along Baseline Street. Call us for a free, confidential consultation — every case is handled on a contingency fee basis.
What Counts as Racial Harassment Under California Law?
Racial harassment is unlawful under the California Fair Employment and Housing Act (FEHA) when conduct based on race, color, ancestry, or national origin is severe or pervasive enough that a reasonable person would find the workplace hostile. FEHA applies to employers with as few as one employee — a detail that surprises workers who assume small operations are exempt.
Harassment differs from discrimination, though the two often overlap. Discrimination involves a concrete decision — a firing, a demotion, a denied raise. Harassment is about the environment itself: the comments, jokes, imagery, and exclusion that make coming to work unbearable. You don’t need to lose your job to have a claim, and one sufficiently severe incident can be enough.
Employers must prevent and correct racial harassment once they know or should know about it. When a supervisor, coworker, or customer engages in racially hostile conduct and the employer looks away, that employer can be liable under FEHA and the parallel protections enforced by the U.S. Equal Employment Opportunity Commission.
Racial Harassment Across San Bernardino’s Workforce
San Bernardino sits at the intersection of the I-10, I-215, and SR-210 freeways, making it one of the country’s most important logistics junctions. That geography shapes where racial harassment tends to surface.
Logistics, Warehousing, and Rail
The BNSF intermodal freight yard and the distribution campuses built out of the former Norton Air Force Base — now the San Bernardino International Airport and the AllianceCalifornia trade and logistics center — employ thousands of warehouse associates, forklift operators, dockworkers, and truck drivers. This sector, disproportionately Black and Latino, sees some of the highest rates of reported racial hostility in the Inland Empire, as supervisors under quota pressure tolerate slurs and unequal assignment of the heaviest routes. Because many warehouse workers are placed through staffing agencies or subcontractors, our attorneys are experienced at tracing liability across these multi-employer relationships.
Healthcare
Dignity Health’s Community Hospital of San Bernardino and St. Bernardine Medical Center, along with San Bernardino County’s public health network, employ nurses, aides, and support staff throughout the Valley. Many are immigrants or first-generation Californians who describe being held to harsher standards, mocked for accents during shift changes, or passed over for supervisory roles. Hospital hierarchies can make reporting a physician or department head intimidating, but California law protects workers regardless of the harasser’s rank.
County and City Government
San Bernardino County is one of the region’s largest employers, with workers across the courts, the Sheriff’s Department, the District Attorney’s office, and dozens of county departments headquartered near the County Government Center downtown. The City of San Bernardino itself employs police officers, firefighters, and civil servants. Public employment does not shield anyone from racial harassment claims, and our attorneys understand the specific claim-filing procedures that apply when the employer is a public entity.
Education
California State University, San Bernardino and San Bernardino Valley College employ faculty and administrative staff, while the San Bernardino City Unified School District — one of the Inland Empire’s largest — employs teachers and classified staff across dozens of campuses. Custodians, cafeteria workers, and instructional aides are often the least protected from racial hostility on campus and the most reluctant to complain about a supervisor who controls their hours.
Retail, Grocery, and Hospitality
Stater Bros Markets, the Southern California grocery chain headquartered in the San Bernardino area, along with the hotels and restaurants clustered along the Hospitality Lane corridor near the 215 freeway, employ a large share of the city’s service workforce. These jobs often come with less HR oversight and higher turnover, conditions that can let racially charged treatment from managers or customers persist for years unchallenged.
Recognizing Racial Harassment at Work
Workers frequently underestimate what qualifies as actionable racial harassment. California courts look at the totality of the circumstances rather than requiring a single dramatic event. Conduct that may support a claim includes:
- Racial slurs or derogatory nicknames used openly or directed at an employee
- “Jokes” or commentary that demeans a person’s race, ethnicity, or national origin
- Mockery of accents or names intended to belittle or exclude a worker
- Racist imagery or symbols, whether posted physically or shared digitally
- Exclusion from training, mentorship, or advancement based on race
- Harassing content in texts, group chats, or radio channels is common in San Bernardino’s logistics workforce
Digital harassment deserves attention where much of the day-to-day communication happens over text or messaging apps — that content is often preserved and can become some of the strongest evidence in a case.
Is It Illegal to Retaliate Against Someone Who Reports Harassment?
Yes. California Government Code Section 12940 makes it unlawful for an employer to punish an employee for reporting racial harassment or participating in an investigation. Retaliation doesn’t have to mean termination — a sudden drop in scheduled hours, removal from a preferred route, or a negative evaluation shortly after a complaint can also support a claim. Strong evidence typically includes the timing of the adverse action and written records referencing your complaint.
Why San Bernardino Workers Choose Winer, Burritt, Scott & Jacobs, LLP
Winer, Burritt, Scott & Jacobs, LLP holds an AV Preeminent Rating from Martindale-Hubbell, the highest peer-review distinction in the legal profession. Founding attorney John D. Winer has practiced California employment law since 1980, tried cases before juries throughout the state, and is a recognized authority on proving the emotional and psychological harm racial harassment causes — often the deepest injury in these cases. He has been quoted by national media outlets on employment law matters affecting California workers. Every case is handled on a contingency fee basis; you owe nothing unless we recover compensation for you.
What Should You Do If You’re Being Racially Harassed at Work?
- Write down every incident — date, time, location, exact words, and who was present — on a personal device
- Report the conduct through your employer’s HR or complaint process to put the company on formal notice
- Save screenshots of racially offensive texts, group chats, or emails before they can be deleted
- Identify coworkers who witnessed the harassment
Frequently Asked Questions
Can warehouse workers file a racial harassment claim against a staffing agency?
Yes. Workers placed at a San Bernardino warehouse through a staffing agency can often bring claims against both the agency and the company operating the facility, since California recognizes joint employer liability in many subcontracted logistics arrangements.
Does it matter if I work for San Bernardino County or the city instead of a private employer?
No. Public sector employees are fully protected under FEHA, though claims against government employers can involve added procedural requirements — consulting an attorney promptly is especially important.
What if the harassment happened mostly through text messages or a group chat?
Digital harassment is treated the same as in-person conduct. Messages in a work-related group chat or messaging app are admissible evidence and are often easier to preserve than a verbal exchange.
Can I still bring a claim if I quit because the harassment became unbearable?
Yes. When conditions become so intolerable that a reasonable employee would feel forced to resign, California law treats that as a constructive discharge — the legal equivalent of wrongful termination.
How long do I have to file a racial harassment complaint in San Bernardino County?
Generally three years from the last act of harassment to file with the California Civil Rights Department, and typically one year to sue after a right-to-sue notice. Because timelines vary by case, speak with an attorney early.
What compensation can I recover in a racial harassment case?
Depending on the facts, workers may recover lost wages, emotional distress compensation, and — where conduct was especially egregious — punitive damages. An attorney can evaluate what’s available in your case.
Talk to a San Bernardino Racial Harassment Attorney Today
Whether you work a distribution center near the airport, a hospital floor for Dignity Health, a county office downtown, or a business along Hospitality Lane, you are entitled to a workplace free of racial hostility. Winer, Burritt, Scott & Jacobs, LLP, led by founding partner John D. Winer, has spent decades holding San Bernardino County employers accountable. Every consultation is free and confidential, and every case is handled on a contingency fee basis — you pay nothing unless we win.
Call (909) 316-3246 today to speak with a member of our team about your racial harassment claim.
473 E. Carnegie Drive Suite 200
San Bernardino, CA 92408
