If you’re facing unfair treatment at work in California, you may legally sue an employer for discrimination. California employment laws are some of the most comprehensive employment laws in the United States.
These employee protection laws are designed to protect workers from various forms of unfair treatment and ensure a safe and equitable workplace environment, and include the following key protections:
- Discrimination: California’s Fair Employment and Housing Act (“FEHA”) prohibits discrimination in the workplace based on protected characteristics, including race, color, national origin, ancestry, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, physical or mental disability, age, and genetic information
- Harassment: Under FEHA, it is unlawful for an employer to harass an employee based on any of the protected characteristics listed above
- Harassment can include unwelcome comments, physical actions, or other behavior that creates a hostile work environment
- Retaliation: Employers are prohibited from retaliating against employees who engage in protected activities, such as filing a complaint of discrimination or harassment, participating in an investigation, or exercising their legal rights
- Retaliation can take on many different forms, including termination, demotion, pay reduction, or other adverse actions
- Wage Violations: California labor laws provide strong protections for employees’ wage and hour rights, including:
- Minimum Wage: Employers must pay employees at least the state minimum wage, which is higher than the federal minimum wage
- Overtime Pay: Employees are entitled to overtime pay for hours worked beyond the standard 8-hour workday or 40-hour workweek
- Meal and Rest Breaks: Employers are required to provide meal and rest breaks to employees during their work shifts
- Equal Pay: The California Equal Pay Act requires employers to provide equal pay for substantially similar work, regardless of gender
How Do I File a Complaint Regarding Employment Discrimination?
In order to file a complaint regarding employment discrimination in California, there is a specific process that you must follow. The following is a general overview regarding filing an employment discrimination claim:
- Document the Discrimination: First, it is important to keep a detailed record of the discriminatory incidents, including dates, times, locations, and any witnesses, as that evidence is important to support your claim
- Notify Your Employer: You should first report any acts of discrimination to your employer or HR department and follow your company’s internal procedures for filing complaints
- File a Complaint with the California Department of Fair Employment and Housing (“DFEH”): You can file a complaint with the DFEH, which enforces the Fair Employment and Housing Act (“FEHA”)
- This can be done by submitting an intake form online through the DFEH’s website or by mail
- You should be sure to provide details such as your name, contact information, the name and contact information of your employer, a description of the discriminatory acts, and why you believe you were discriminated against
- The DFEH will review your complaint and decide whether to investigate
- Obtain a “Right to Sue” Notice: If the DFEH decides not to take action, they will issue a “right to sue” notice, which allows you to file a lawsuit in court
- You must then file your complaint with the DFEH within three years of the last discriminatory act
- File a Complaint with the Equal Employment Opportunity Commission (“EEOC”): You can also file a complaint with the EEOC, which enforces federal anti-discrimination laws
- File your Lawsuit: If none of the above organizations are able to resolve your dispute, you can then draft, file, and properly serve your employer with a formal lawsuit, requesting damages
- Consult an Employment Attorney: It’s advisable to consult with an attorney who can guide you through the process and help you build a strong case if you need to file a formal lawsuit against your employer
In addition to the above processes, it is important to be aware of the time limits for filing your complaint. For discrimination claims under FEHA, you generally have one year from the date of the discriminatory act to file a complaint with the DFEH.
For claims under federal law, you generally have 300 days from the date of the discriminatory act to file a complaint with the EEOC. After receiving your “right to sue” notice from the EEOC, you have 90 days from the date of the notice to file a lawsuit in federal court.
It is important to also note that the DFEH and EEOC do not question employees’ immigration status, and you do not need a Social Security number or photo identification to file a complaint.
How Do I Prove Employment Discrimination?
Proving employment discrimination in California involves gathering and presenting evidence that demonstrates you were treated unfairly due to a protected characteristic. Once again, under California law, the Fair Employment and Housing Act prohibits discrimination based on race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, marital status, age, medical condition, military or veteran status, physical or mental disability, and genetic information.
In order to prove your employment discrimination claim, you should be sure to record detailed notes about each discriminatory incident, including dates, times, locations, and the people involved. This means you should preserve emails, text messages, voicemails, and other written communications that show evidence of discrimination or related discussions.
You should also be sure to gather witness statements to support your claim. You should ask these witnesses to provide written statements describing what they observed, and ensure the statements are clear and specific.
You should also gather other supporting documents, such as performance reviews, commendations, or other documents that show your work performance was satisfactory and that the discrimination was unrelated to job performance. You should also obtain copies of company policies and procedures related to discrimination, harassment, and retaliation.
In order to succeed in an employment discrimination claim in California, you must prove the following legal elements:
- Protected Class Membership: You must show you belong to a legally protected group (e.g., race, gender, age).
- Adverse Employment Action: You must then demonstrate that you experienced negative employment actions like termination, demotion, or harassment
- Qualified for the Position: Next, you must prove you were performing your job satisfactorily or were qualified for the position
- Discriminatory Motive: You will need to provide evidence that the adverse action was motivated by your protected characteristic
- Causal Connection: Finally, you must establish a link between the adverse action and the discriminatory motive
If you are able to prove all of the legal elements above, then you will be more likely to succeed in your employment discrimination lawsuit. Then, you will be able to put forth evidence regarding the amount of damages that you suffered as a result of the discrimination.
What Happens After a Lawsuit Has Been Filed?
After filing an employment discrimination lawsuit in California, the case will generally proceed as follows:
- Settlement Negotiations: Both parties may negotiate a settlement at any stage
- Service of Process: After filing a lawsuit, the plaintiff will need to serve the defendant with the complaint and summons
- Defendant’s Response: The defendant then has time to file an answer or a motion to dismiss.
- Discovery: Both parties will then exchange information and evidence through interrogatories, document requests, and depositions
- Pre-Trial Motions: Either party may file motions, such as for summary judgment
- Trial Preparation: Both parties will prepare witness lists, exhibits, and legal arguments
- Trial: Both parties will then present evidence and arguments in a bench or jury trial, and the jury or judge will make a decision on the case
- Post-Trial Motions and Appeals: The losing party may then file post-trial motions or appeal the decision
- Enforcement of Judgment: The winning party may then collect damages, if awarded
Do I Need an Attorney for Help Filing a Discrimination Claim?
If you are experiencing employment discrimination in California and have suffered harm or damages, it is recommended to contact a California discrimination lawyer. They can protect your legal rights and help you recover any damages that you have incurred.
LegalMatch can assist you in finding and setting up a consultation with a local attorney in California. During your initial consultation, the attorney will explain your legal rights and options under both federal law and California’s workplace harassment laws.
The attorney will also ensure that you meet all state deadlines for filing your lawsuit and guide you through the necessary steps to pursue your employment discrimination claim. They can draft your civil complaint and file it against your employer once you receive your right-to-sue letter. Additionally, the attorney can represent you in court if needed.
