Federal and California laws categorically prohibit employers from engaging in illegal discrimination. The protections under California’s Fair Employment and Housing Act (FEHA) are more extensive than federal law, applying generally to employers with 5 or more employees.
As a specialist in California employment discrimination law would elucidate, FEHA prohibits discrimination against an employee based on factors such as:
- Race
- Religious Creed
- Color
- National Origin
- Ancestry
- Physical Disability
- Mental Disability
- Medical Condition
- Genetic Information
- Marital Status
- Sex
- Gender
- Gender Identity or Expression
- Age
- Sexual Orientation
- Military and Veteran Status
Laying the Groundwork for a Lawsuit
If you’ve suffered discrimination for any of these reasons, you could potentially file a lawsuit against your employer. However, you must first submit a complaint with either the California Department of Fair Housing and Employment (DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
A claim of employment discrimination must be filed with the DFEH within three years of the date of the suffered harm. The first step involves gathering information regarding your experience, such as supportive documents and a personal account of the incidents. Following this, you’ll need to complete an intake form, either online through the Cal Civil Rights System, by contacting the DFEH directly, or by sending the form via mail.
Next Steps: Analyzing and Investigating Your Complaint
Once the DFEH receives your complaint, they will review it to determine whether it warrants further investigation. If the DFEH decides against pursuing your case, they may issue a ‘right to sue’ notice. Alternatively, they may accept your case and initiate an investigation. Your California employment discrimination lawyer can leverage a ‘right to sue’ notice to initiate a lawsuit against your employer.
If your case is accepted, you’ll need to sign a complaint form prepared by the DFEH. This complaint will be served to your employer, allowing them an opportunity to respond. In certain instances, the DFEH may facilitate a settlement between both parties. If a settlement cannot be reached, the investigation will continue. At this point, the DFEH may either conclude that no violation occurred or choose to file a lawsuit on your behalf.
Navigating the Intricacies of California Employment Law
California employment law, especially pertaining to discrimination cases, can be intricate, involving numerous deadlines that need strict adherence. Employers often resist these types of complaints vehemently. Thus, having a California employment discrimination lawyer on your side is critical to level the playing field and safeguard your rights.
PLBH offers representation to individuals across California who have faced workplace discrimination. If you have been a victim of discrimination at work, we’re here to help. Contact us today at (800) 435-7542 to schedule a consultation with a California employment discrimination lawyer.