Employee discrimination is a serious issue in the State of California. State and federal laws govern employers and employees. If you suffered discrimination while working or seeking work in the State of California, you have options for holding an employer accountable for their actions. You should understand important details regarding employment law in California.
The San Diego employment discrimination attorneys of Haeggquist & Eck, LLP offers legal representation for employees who suffer employment discrimination in San Diego and surrounding counties. Call our office today for a free consultation during which we can discuss the facts of your case. Retaining an attorney is an important step to take when you want to hold your employer liable for discrimination.
No one wants to feel discriminated against at work.
Filing a complaint with the Department of Fair Employment and Housing (DFEH) is necessary before an employee may sue an employer for employment discrimination in California. You must pursue any available administrative remedies before filing a claim. An applicant should complete the Department of Fair Employment and Housing complaint process before filing a lawsuit.
You may request an immediate right to sue notice before beginning a DFEH investigation. The DFEH will not investigate your case if you pursue an immediate right to sue notice.
An attorney can assist you with the necessary filings for your employment discrimination case. Your attorney can procure a right to sue notice and file the complaint in California Superior Court.
Your attorney can file the complaint with the proper court and then serve it on your employer or any other defendants named in the lawsuit. Employment discrimination lawsuits can take time to resolve, and an employer will likely settle the closer the case proceeds to trial.
Workplace discrimination may occur over a long time or during a few brief episodes. Employers may avoid documenting discriminatory acts by not putting anything in writing. Employers want to avoid being sued by their employees and former employees. Employment discrimination may involve providing documentary evidence that groups of employees are treated differently from other employees.
Employment discrimination can occur during the hiring process, while an employee is working, and while an employee is being terminated.
Employment discrimination is not limited to the events outlined here. If you suspect your employer discriminated against you, contact Haeggquist & Eck, LLP today to schedule a free consultation. We can discuss the facts of your case and determine what course of action to take that will benefit you and your family.
Any person can be affected by workplace discrimination. Minorities are not the only class of people who can suffer discrimination in the workplace. State law in California prohibits discrimination based on the categories above. Federal law also prohibits employment discrimination.
Under FEHA, an employer cannot discriminate against an employee.
Employment discrimination laws also apply to labor organizations and labor unions. Employment agencies and training programs also must not discriminate against employees.
You can still experience employment discrimination if you were only a job applicant or interviewee. Some instances of employment discrimination occur on improper job applications. Also, employment discrimination often occurs during job interviews.
Employers may not ask an applicant to take psychological or medical exams if other job applicants are not required to take exams. Employers are permitted to ask you if you can perform the essential functions of the job for which you are applying.
Acts of employment discrimination may violate federal law and the state law of California. Many federal employment discrimination laws are regulated and enforced by the Equal Employment Opportunity Commission. In California, the Department of Fair Employment and Housing deals with most employment discrimination cases.
The state of California offers broader protections to employees who bring anti-discrimination cases. California employment laws may apply to employers with at least five employees, and federal laws may apply to employers with at least 15 employees. California residents may prefer to file an employment discrimination complaint with DFEH.
These are some of the reasons it is imperative that an individual who wants to file an employment discrimination claim seek out legal representation. An employment law attorney can assist you with specific questions related to your claim. Also, an experienced attorney can explain to you the benefits of filing your case with a specific agency.
Employees who want to file a claim against an employer for employment discrimination in the state of California must exhaust all administrative options and remedies first. An employee may need to complete the DFEH complaint process before filing a lawsuit. If you retain an attorney, then your attorney can file a complaint with the DFEH and get an immediate right-to-sue notice without waiting for the administrative process.
If you choose to do so, you can file an employment discrimination claim directly with the DFEH. Employees must typically submit a pre-complaint inquiry within three years of the last episode of employment discrimination. If you did not learn about the unlawful discrimination until after the expiration of the three years, then an exception applies.
This complaint may be filed online, by printing out and mailing the proper form, and by telephone. A pre-complaint inquiry will begin an intake interview with the DFEH, and the department will determine if the complaint should be investigated.
Investigators may contact the individual filing the complaint within 60 days and discuss the facts concerning the act of employment discrimination. A DFEH representative may determine that the state of California will not handle the complaint and dismiss the matter. The employee then has the immediate right to sue the employer in court.
You need to file a complaint with the DFEH within three years of the last episode of employment discrimination. You must obtain a right to sue notice before filing a lawsuit in court. After the State of California provides you with a notice of your right to sue or does not pursue your claim, you have one year to file a lawsuit against your employer in state court.
If you choose to file a federal employment discrimination complaint, then you have 180 days to file a complaint from the date of the last episode of discrimination. The Equal Employment Opportunity Commission deadline may be extended to 300 days if a state or local agency enforces employment discrimination laws on the same basis.
To file a federal employment discrimination claim, you must obtain a notice of right to sue. After the EEOC issues a notice of right to sue, the employee has 90 days to file a lawsuit in court.
You need to retain legal representation to make sure you are aware of all deadlines that may apply to your employment discrimination claim. Contact Haeggquist & Eck, LLP today to schedule a free consultation during which we can discuss the facts of your case. Employment law is complex and it retaining an experienced attorney is the best thing you can do if you want to pursue an employment discrimination case.
The facts of your case, the particular employer, and the length of your employment are all relevant factors that contribute to the amount of damages you may claim in an employment discrimination lawsuit. You may have been subjected to harassment, and this will influence the damages you may claim. Money damages, punitive damages, and equitable remedies may all be available to you in an employment discrimination lawsuit.
You may also seek equitable remedies in an employment discrimination lawsuit. Equitable remedies may force your employer to take specific actions. A court may order an employer to hire you. A court can also order the employer to make reasonable accommodations for you if the employer had failed to do so, and this action gave rise to the lawsuit.
You can also see the costs of attorneys’ fees and court costs. Hiring an experienced employment law attorney can make sure that you seek these costs when you pursue your employment discrimination case.
Employees may receive punitive damages if the employer’s behavior was egregious or damaging to society as a whole. Punitive damages are awarded to punish the defendant and deter the defendant from committing the same acts in the future.
It is also a violation of California state law for an employer to retaliate against an employee for reporting workplace discrimination against co-workers, employees, or applicants. The FEHA protects employees who suffer retaliation.
Employers cannot terminate employees for filing a workplace discrimination or harassment lawsuit. Terminating an employee for filing an employment discrimination claim is a retaliatory action, and this may constitute wrongful termination.
An employee who suffers retaliation may need to file a complaint with the DFEH for retaliation. Employees who suffer retaliation may file a lawsuit against an employer for wrongful termination or retaliation.
If you need an employment law attorney, contact Haeggquist & Eck, LLP today for your free consultation. Employment law is a complex area of law, and the regulations are always changing. Do not try to carry your employment law case on your own. Hiring an employment law attorney will provide you with the time you need to pursue other interests.
Employment law cases can require enormous amounts of time. Call Haeggquist & Eck, LLP today at (619) 342-8000 or reach out online to speak to an employment discrimination attorney about your case. The longer you hesitate to hire an attorney, the more likely it will be that a deadline will pass. Do not rest on your rights.
By retaining experienced employment law attorneys, you can give yourself a better chance of a good outcome for yourself and your family. Employers may not expect you to retain legal representation, but your employer will certainly have access to an attorney. Do not try to take on the responsibility of your employment law case without retaining an employment law firm that will stand up for your rights.
Contact Haeggquist & Eck, LLP online or call us today to talk to us about your situation. We offer free case evaluations so you can better understand how we can help you pursue a case.
Sometimes instances of workplace discrimination are discrete and glaring – other times, however, they can be less noticeable. Regardless of how obvious they are, or whether or not the discrimination was intentional, you may be able to hold a responsible party liable.
Remedies for a victim of discrimination can vary depending on the case, such as the extent of the discrimination suffered and the extent of the harm caused to the employee.
In addition to monetary damages, the employer may be required to make changes to their workplace policies and procedures.
There are some employment discrimination cases that affect entire groups of people or “classes” of employees. If you are involved in this type of case:
If you have received notice that you may be qualified to join a “class action”, do not hesitate to speak with our employment discrimination attorney. We have experience with a wide variety of class action cases and can help guide you through the process and discuss your rights in seeking compensation for discrimination.
Contact one of our discrimination lawyers at Haeggquist & Eck, LLP to learn more about filing a discrimination claim against your employer, and about pursuing damages. We can review the details of your case and answer questions you may have about your case.