If you believe that you have been discriminated against by your employer, learn more about how you can file a California discrimination case.
If you have been discriminated against at work, you may think that filing a lawsuit against your employer is the first step in seeking a remedy. But in California, you actually cannot sue your employer for illegal discrimination until you have taken other steps first. An experienced discrimination attorney can assist employees with this often-complicated process.
First Steps: Administrative Filings
Before filing a lawsuit, you must first file a claim with the federal Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH). These agencies will either prosecute the case on your behalf after investigating, or will issue a “right to sue” letter so that you can file the lawsuit.
You can file claims with the EEOC and DFEH using their online filing systems, or you can mail in a letter or form to either office. To file a charge, you must provide basic information, such as your name and contact information and your employer’s name and contact information, along with the basis for the complaint. This will typically include a description of the allegedly discriminatory events (such as when you were harassed, fired or demoted for an illegal reason), when the events took place and why you believe that you were discriminated against, such as because you are a woman or because of your race or religion.
There are many different bases for discrimination claims, and where you file your claim may be based in part on what type of claim that it is. EEOC claims are usually filed for federal employment discrimination claims, while DFEH charges are usually filed for actions based on California laws such as the Fair Employment and Housing Act and the California Family Rights Act. California laws tend to offer as much or even more protection for employees as compared to federal law, so filing with DFEH may be seen as preferable. However, the EEOC and DFEH have a work-sharing agreement so that a claim filed with one agency is considered to be filed with the other agency as well.
There are strict deadlines for filing these claims with both agencies, which is why many employees find it helpful to hired a skilled discrimination attorney as soon as possible to ensure that they meet these deadlines. EEOC claims must be filed within 180 days after the illegal events occurred, and DFEH claims must be filed within one year of the actions.
Next Step: Investigation or Right to Sue Letter
After receiving your filing, the EEOC or DFEH agencies may decide to investigate the claim and prosecute the case. However, this can be a lengthy, difficult process that can take a substantial amount of time to just do the investigation. Even if the agency does find discrimination, it may decide not to prosecute the case. It is often more effective and more efficient to handle the matter through a private lawsuit once either the EEOC or DFEH has issued a right to sue letter. This letter gives you the ability to file a lawsuit against your employer in court.
Filing a discrimination claim in California can be a difficult process, with deadlines to meet and important paperwork to file to be sure that your claim is prosecuted in the best possible manner. It is critical to hire an aggressive, experienced discrimination attorney to handle these claims so that you are not prevented from filing a lawsuit because you missed a deadline or did not include key information in your documentation. Contact PLBHM today at (800) 435-7542 or info@plblaw.com to learn more about how we can help you file a discrimination case in California!