I Am Feeling Discriminated Against at Work: Can I Sue?
If you are experiencing discrimination in the workplace, California offers some of the best employee protection in the United States. In fact, it even has its own anti-discrimination laws under the Fair Employment and Housing Act (FEHA). Under the FEHA, you may be able to sue for discrimination if your employer’s actions are considered discriminatory and you are a member of the class the law protects. However, there are several steps you should take before filing a discrimination lawsuit.
The experienced employment law attorneys at Bibiyan Law Group, P.C., believe employers have a duty to treat all employees equally and respectfully. An employer should never get away with discriminatory practices, and we’re here to ensure they’re held accountable for their lawlessness. Our team’s ultimate mission is to protect your employment interests and ensure your rights. If you believe your employer treated you discriminatorily, we can address all your pressing questions and concerns, review your case, and help you through the difficult claims process. Contact us today!
What Laws Protect Me?
The California Civil Rights Department (CRD) and the Equal Opportunity Employment Commission (EEOC) enforce laws, including Title VII of the Civil Rights Act of 1964, that protect people from employment discrimination when it involves:
- Harassment or unfair treatment because of race, color, religion, sex, pregnancy, gender identity, gender expression, sexual orientation, national origin, disability, age (age 40 or older), or genetic information;
- Retaliation based on complaints about job discrimination or because an employee assisted with a job discrimination proceeding, such as an investigation or lawsuit;
- Denial of reasonable workplace changes needed due to religious beliefs or disability; and
- Improper questions about or disclosure of an employee’s genetic or medical information.
If your employer violated any of your rights under laws that protect against workplace discrimination, an experienced employment lawyer at Bibiyan Law Group can help you file the proper claim and work with you to pursue the next best course of action.
How Do I File a Lawsuit?
If you believe you experienced discrimination in the workplace in California, the California Civil Right Department (CRD) will investigate and help settle your complaint. To file with the CRD, you must complete an intake form by creating an account using the interactive Cal Civil Rights System, CCRS. You may also file by mail or by calling the number on the CRD contact us page. Once you file, CRD will also enter a concurrent discrimination charge with the Equal Employment Opportunity Commission (EEOC). Remember that you have three years from when the harm occurred to file your claim.
Unless the complaint has already been resolved, CRD uses the facts it obtains during its investigation to determine whether any laws were violated. If there is reasonable cause to believe they were, CRD notifies the parties involved and may notify them that it intends to file a lawsuit.
What If I Don’t Want to File a CRD Complaint?
You must obtain a Right-to-Sue notice from the CRD before filing your own lawsuit in court. If you prefer to forgo the CRD investigation process altogether and file your lawsuit instead, you can obtain an immediate Right-to-Sue notice from CRD.
To get started, you or your attorney must first file a complaint to secure a Right-To-Sue notice. To complete the form online, you must create a free account in the CRD’s interactive service, Cal Civil Rights System, CCRS. You can then download and print the Right-to-Sue form. Fill it out and return it to CRD by email or mail at the headquarters address.
The CRD advises only filing your lawsuit with an attorney representing you. It’s also important to note that if you choose to forgo a CRD investigation and file your own lawsuit, you will lose your right to have CRD investigate your complaint. If you forgo a CRD investigation, CRD will not file your complaint with EEOC. In that case, if you decide to obtain a federal Right-to-Sue notice, you can visit the EEOC’s website or call them at (800) 669-4000 or TTY (800) 669-6820. Finally, you must file your employment suit within one year of receiving your Right-to-Sue notice.
Bibiyan Law Group, Skills You Can Trust
At Bibiyan Law Group, our award-winning advocates have won millions of dollars for employees who have suffered discrimination. We only practice employment law and have dedicated our lives to helping employees fight their employer’s unscrupulous actions. Transparency and personal client-attorney interactions are key at Bibiyan Law Group. We believe in keeping you in the loop and know this is a difficult time. If you are feeling discriminated against at work, we will stand by your side every step of the way and work with you to obtain an exceptional outcome. Call 323-205-7796 and book a free phone consultation today.