California Government Code Section 12940(j)(1)
Government Code section 12940, subdivision (j)(1) provides that it is an unlawful employment practice for "an employer ... or any other person, because of race, religious creed, color, national origin, ancestry ... to harass an employee ... . Harassment of an employee ... shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. ... An entity shall take all reasonable steps to prevent harassment from occurring. ..."
The law prohibiting harassment is violated "when the workplace is permeated with discriminatory intimidation, ridicule and insult that is '"sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment."'" (Kelly-Zurian v. Wohl Shoe Co. (1994) 22 Cal.App.4th 397, 409, quoting Harris v. Forklift Systems, Inc. (1993) 510 U.S. 17, 21; accord, Carrisales v. Department of Corrections (1999) 21 Cal.4th 1132, 1137 90 Cal. Rptr. 2d 804, 988 P.2d 1083.)
This must be assessed from the "perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff." (McGinest v. GTE Service Corp. (9th Cir. 2004) 360 F.3d 1103, 1115.)