Federal and state laws protect employees from discriminatory decisions and behavior by employers and potential employers. These protections extend to numerous classifications, including race, sex, age, disability, status as a new parent, citizenship or immigration status, crime victim, domestic violence victim, and military service.
Federal or State Complaint
If you believe that you have experienced employment discrimination, your first step is to consult with an employment law attorney. Do not delay. This is because there are strict statutes of limitations to raise an employment discrimination complaint ranging from six months to a year, depending on the type of employer. Failing to file a complaint by the deadline can bar you from getting any kind of relief.
The next step in formally complaining about employment discrimination is to decide whether to file a federal complaint with the Equal Employment Opportunity Commission (EEOC) or a state complaint with the California Department of Fair Employment & Housing (DFEH). Federal and state laws serve the same underlying purpose, but can have significant differences.
Generally, California discrimination laws are stronger and more employee-friendly than federal laws. This often makes it more desirable to pursue a state cause of action. In order to sue an employer for employment discrimination under California law, you must first contact the DFEH. Through the DFEH, you have the option of a full DFEH investigation, in which you put your fate in the hands of the state agency. If the lengthy agency investigation ultimately finds that your discrimination complaint has merit, then there is a chance that your claim can make it to dispute resolution or trial. Unfortunately, there are a lot of “ifs” in that scenario because of big workloads and overworked agency employees.
In the alternative, you can seek an immediate “right to sue” from the DFEH, in which you can pursue your own lawsuit with your own attorney. Obtaining a right to sue is a very quick process and gives you and your employment law attorney the green light to take action. You will then have a dedicated, motivated attorney helping you build your discrimination case. We find this to be an effective option as an attorney will make your employer pay attention and take you seriously.
Let Moss Bollinger Work For You
If you have been the subject of discrimination, the laws of California provide you with strong legal rights. Courts in this state take employer discrimination very seriously, and so do we. Please contact the attorneys at Moss Bollinger if you want to stand up against employer misconduct. Let us evaluate your situation to determine if you have a claim. We work on a contingency basis and do not make any money unless you do. Call Moss Bollinger today at (866) 535-2994 for a free consultation or reach us online.