If you believe you’ve been a victim of workplace discrimination and efforts to resolve the issue with your employer have been unsuccessful, you may consider filing a discrimination lawsuit. However, it helps to understand the steps involved before making your move.
The first step is to determine if the discrimination you’ve experienced falls under one of California’s protected categories, which include race, religion, national origin, gender, disability and age. You may have grounds for a lawsuit if your case involves any of these areas, but it doesn’t mean you should rush to court.
Filing a discrimination complaint with the DFEH or EEOC
Before filing a lawsuit, the law requires you to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). You can file complaints with both agencies to maximize your legal protections.
The DFEH or EEOC will investigate your claim and attempt to address the matter without litigation. If they are unable to do so, they will issue you a Right to Sue notice. This notice confirms that the agency has completed its investigation and either dismissed the claim or cannot take further action. Only then can you proceed with filing a lawsuit.
Take informed action to avoid costly mistakes
You must adhere to specific deadlines when filing a discrimination charge with the EEOC or DFEH and taking the matter to court after receiving a Right to Sue notice. Otherwise, your case could be dismissed. Additionally, it helps to gather evidence in your support before going to court.
Having experienced legal guidance can help you understand the requirements and steps involved in getting justice as a victim of workplace discrimination and help ensure you’re on the right path.