Experiencing workplace discrimination can be deeply upsetting and intimidating. If you’re a California employee facing this situation, it’s important to know that you have rights and the law is on your side. California has some of the strongest protections against workplace discrimination in the country. Below is a step-by-step guide to help you understand how to file a workplace discrimination claim confidently and effectively.
What is Workplace Discrimination?
Workplace discrimination occurs when an employer treats an employee unfairly or differently based on a protected characteristic. These include, but are not limited to:
- Race or ethnicity
- Gender, gender identity, or sexual orientation
- Age (over 40 years old)
- Disability (physical or mental)
- Religion or religious practices
- Pregnancy or marital status
- National origin
Under California’s Fair Employment and Housing Act (FEHA) and federal laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA), discrimination against any of these protected characteristics is strictly prohibited.
Step 1: Document the Discrimination
The first and perhaps most crucial step is to document everything. Keeping detailed records strengthens your claim and provides critical evidence to support your case. Here’s what to note:
- Dates and Times of the discriminatory incidents
- Names of People Involved, including witnesses
- Details of Incidents, including what was said or done
- Emails, Texts, or Other Correspondence that indicate discriminatory behavior
If there were performance reviews, HR meeting notes, or similar documentation that contradicts the discriminatory treatment, these could also be valuable.
Step 2: Report the Discrimination Internally
Most employers have internal procedures to address discrimination claims, and it’s often required to follow these steps before pursuing legal action. Check your employee handbook or HR policies for details.
- Speak to Your Manager or Supervisor, unless they’re part of the problem.
- File a Formal Complaint with HR to document your concerns.
Keep a copy of the complaint and any related communications. If your concerns remain unresolved or retaliation follows, that’s when you may consider escalating externally.
Step 3: File a Complaint with the DFEH or EEOC
If internal attempts to resolve the situation don’t work, you can file a formal discrimination complaint with the appropriate agency. California employees have two primary options:
1. California Department of Fair Employment and Housing (DFEH)
The DFEH enforces California’s anti-discrimination laws under FEHA. Most workplace discrimination claims in California go through this agency.
How to File with DFEH:
- Visit their website at www.dfeh.ca.gov.
- Fill out the online complaint form, providing detailed information about the discrimination.
- You can also request free mediation services before the agency begins an investigation.
2. Equal Employment Opportunity Commission (EEOC)
The EEOC is a federal agency that handles workplace discrimination claims related to federal laws.
How to File with the EEOC:
- Visit www.eeoc.gov and submit an online inquiry.
- File your complaint within 300 days of the discriminatory act for EEOC claims.
If your case falls under both state and federal laws, the two agencies have a work-sharing agreement to streamline the process.
Filing Deadlines
- DFEH: You must file your complaint within three years of the discriminatory act.
- EEOC: The deadline to file is shorter, at 300 days from the incident.
Step 4: Cooperate with Investigations
Once you've filed your complaint, the DFEH or EEOC will investigate your claim. Be prepared to:
- Respond to requests for additional documents or evidence.
- Participate in interviews with investigators.
- If applicable, participate in mediation to reach a settlement.
These agencies will determine whether discrimination occurred. If they find evidence that supports your claim, you may be given a “right-to-sue” letter, allowing you to pursue legal action against your employer in court.
Step 5: Explore Legal Action
If resolution through the administrative process isn’t possible, filing a lawsuit may be necessary. A workplace discrimination attorney can:
- Help you understand your rights further.
- Build a strong case on your behalf.
- Advocate for fair compensation, whether via settlement or trial.
The state of California has specific protections and remedies for employees filing workplace discrimination lawsuits, including potential recovery for lost wages, emotional distress, and punitive damages.
Protect Your Rights Now With Calabasas Discrimination Lawyers
Workplace discrimination can have a significant impact on your career, mental health, and financial well-being. But the law is here to protect you. Acting quickly ensures vital evidence is preserved and prevents your employer from claiming that the issue didn’t matter to you. Whether you’re filing with the DFEH or pursuing legal action, taking the first step is critical to protecting your rights as an employee.
If you’re unsure about the process or feel overwhelmed, reach out to a trusted workplace discrimination attorney for guidance. At Gaines & Gaines, APLC, we regularly represent employees throughout California who have been victims of employment discrimination or harassment. We have experience handling these cases and are ready to fight on your behalf.
Take control of your rights today. Contact us at (866) 400-4450 for a free consultation.