Employment discrimination is strictly prohibited under the California Fair Employment and Housing Act (FEHA), which offers some of the most robust workers’ protections in the country.
Federal laws further help workers with protected characteristics. The Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pregnant Workers Fairness Act (PWFA), and Title VII of the Civil Rights Act of 1964 all strive to provide protection against discrimination.
Despite all of these protections, workplace discrimination still occurs. If you’ve been the victim of discriminatory behavior, from denied workplace accommodation issues to harassment, you may be asking yourself, “How do I sue for workplace discrimination in California?” It’s not always easy to know what your next steps should be.
Learn more about proving workplace discrimination and when you may need a California employment discrimination attorney to guide you.
Determine Whether You May Have a California Workplace Discrimination Claim
The first step in getting the answer to the question “How do I sue for workplace discrimination in California?” is to know whether you have a viable claim. You must meet four core characteristics.
To be able to begin a California employment discrimination lawsuit, you must demonstrate that the alleged discriminatory act occurred because of a legally protected trait. These traits include:
- Race
- Age
- Color
- National origin
- Gender identity
- Sex
- Religion
- Sexual orientation
- Pregnancy
- Medical condition
- Genetic information
- Mental or physical disability
To be eligible to file a California workplace discrimination claim, you must also show that your employer is covered by the various federal and state laws. In the state, employers typically have to have at least five employees for you to be able to file claims under FEHA. Harassment claims, however, apply to employers of all sizes in the state.
The next core requirement you have to meet to sue for workplace discrimination in California is to show that you suffered a negative change in your employment status. This can include demotion, the cutting of your hours, denied promotions, unwanted transfers, or a hostile work environment.
You will then need to prove that the adverse action was connected to your protected trait. Generally, this is the most challenging thing to prove.
If you can meet all of these core requirements, you may be entitled to begin a workplace discrimination lawsuit in California.
Build Your Evidence Before Filing a Discrimination Complaint
Something to keep in mind when looking for how to file a workplace discrimination lawsuit is that the standard of proof is a preponderance of the evidence. You will need to gather as much proof as you can before filing the complaint.
Keep copies of all communications between you and your employer, HR, or any other essential party. Thorough and orderly documentation of the discriminatory behavior will bolster your claim. Direct evidence, such as emails and text messages, can prove discrimination without interference. Keep in mind, however, that it is illegal in California to secretly record audio of your coworkers or bosses.
Write down the times, dates, and locations of all discriminatory actions. Note who was present so that you can request witness testimonies. You should also track comparative treatment. How are other employees (especially those who are not part of protected groups) treated?
Company policy manuals are also important pieces of evidence. They can demonstrate that a deviation from accepted policies occurred. Under California law, you have a right to request a copy of your personnel file, as well as pay records, from your employer. These can be valuable pieces of information, too.
Once you have all of the evidence, consider hiring an experienced workplace discrimination attorney so that you can pursue the strongest legal strategy.
Decide Where to File: California CRD, EEOC, or Both
An important step in getting the answer to “How do I sue for discrimination in California?” is to know where to file. The California Civil Rights Department (CRD) is the right choice if your claim falls under California state law, your employer has between five and 14 employees, or 300 days have passed since the incident (which would make you ineligible to file with the Equal Employment Opportunity Commission).
If a California worker relies on federal laws for their case or if they are a federal employee, then filing a discrimination lawsuit against an employer could be done via the Equal Employment Opportunity Commission (EEOC).
It’s also possible to file your discrimination case with both agencies. When you file with one, you can ask them to cross-file with the other so that your federal and state rights are protected.
Understand California’s Administrative Filing Requirements and Deadlines
An important step to understand when learning how to sue for workplace discrimination in California is the administrative filing process. When filing under state law, you must submit an administrative complaint with the CRD. The time limit for this is three years from the last day you were harmed. This is called administrative exhaustion.
If you choose to file with the EEOC, you will have to do so within 300 days of the last harmful action you experienced. The typical 180-day time limit is extended in California because the state and the federal agency have a work-sharing agreement.
What Happens After You File a Workplace Discrimination Complaint?
The process of how to sue for employment discrimination begins with you submitting an administrative complaint, which triggers an agency investigation. The agency will review the claim and the evidence to make sure it falls under its jurisdiction and has met all filing deadlines. If you didn’t file on time or the claim is not appropriate for them to pursue, the agency may dismiss it.
If the agency chooses to pursue the claim, it will send a notice of your official complaint to your employer, after which they are required to respond. If you requested records, they must offer these, too.
Often, the agency offers mediation to help all parties achieve a fair settlement. If mediation fails or is not appropriate, an agency investigator will begin gathering evidence to prove or disprove discrimination. Once the agency investigates, it will decide on the right legal action. They may state that there is “cause” (discrimination likely occurred) or “no cause.”
Getting From an Administrative Claim to a California Discrimination Lawsuit
The answer to “When can I sue my employer for discrimination?” is either after the agency investigation takes place and doesn’t find cause, or right after beginning the complaint. You can skip the agency investigation completely by requesting an immediate right-to-sue letter. This allows you to go straight to court with your claim so that you can fight for fair compensation.
You will not be able to begin an employee discrimination lawsuit in California without this letter. Once you do receive the notice, you will typically have just one year to begin the lawsuit.
If you receive a right-to-sue letter from the EEOC, you will only have 90 days to begin the lawsuit, so acting quickly is essential.
What Can You Recover From a Workplace Discrimination Lawsuit?
Knowing how to sue an employer for discrimination in California, and doing so with assistance from legal representation, can mean having a good chance of recovering your losses. There are a number of remedies available.
You could receive back pay. These are unpaid wages and bonuses that date to the discriminatory behavior. You can also receive front pay, which covers future lost earnings if reinstating you is not possible. Further compensation can include coverage of your legal fees and court costs, expenses like therapy bills, and compensation for emotional suffering and mental anguish.
Some remedies can also require the employer to make changes to company policies or even mandate anti-discrimination training.
When Should You Hire a California Workplace Discrimination Attorney?
An employment discrimination lawyer in California is necessary in the majority of these cases. Having someone with experience pursuing these claims gives you a chance to avoid common pitfalls, like missing deadlines.
There are some specific instances, however, when hiring an attorney is crucial. If the discrimination continues or gets worse after the complaint, or if there is sudden workplace retaliation, like wrongful termination, you need to have representation.
You may face paperwork pressure from your employer. They may push you to sign releases or accept a severance package that would make it impossible for you to take legal action later on. If that’s the case, you need to protect your rights by speaking with an attorney.
An attorney will know how to gather the appropriate evidence and piece together a cohesive display of what you were subjected to at work. Pursuing legal action of this type will mean being able to demonstrate that it is more likely than not that the discrimination took place. Your lawyer will know how to file a discrimination claim in California that has a good chance of succeeding.
Pursuing Legal Action After Workplace Discrimination
Suing for discrimination in California is complex. You may not know which agency is most suitable for your claim, or you may not be clear on your time limits. At the California Civil Rights Law Group, we provide the robust legal guidance you need to get through this moment. Contact us to speak with our attorneys.
