When a California worker believes they have been a victim of employment discrimination they may not know what their legal options can be. The California Fair Employment and Housing Act prohibits discrimination in all business practices. When an employee has been discriminated against, they have a period of time to file a complaint.
Protected classes
Under the law it is illegal to discriminate against a protected class of employee or job applicants. This includes discrimination based on race, gender, color, national origin, mental disability, physical disability, sexual orientation, pregnancy, gender identity, marital status, ancestry, or military or veteran status.
Filing a complaint
Before a person can file a lawsuit against an employer, they have to first file a complaint with the Department of Fair Employment and Housing (DFEH). A person has three years in order to file a complaint with the DFEH. Usually, the employee needs to go through the complaint process before they file a lawsuit. An employee can request an immediate right to sue notice, without having to go through a complete investigation. The complaint would then not be investigated. Or an employee can wait until the investigation is compete and the case is dismissed, or no violation is found before taking the case to court.
Employment attorney
An attorney who specializes in employment law can help their client understand their options when it comes to employment discrimination. The legal system is there to protect discriminated workers and it is important that they exercise their rights in order to hold employers accountable.