How to File A Complaint for Workplace Discrimination in California

by | Oct 22, 2024 | Discrimination

Introduction

Workplace discrimination is illegal in California under both federal and state laws. While the federal law is enforced through the Equal Employment Opportunity Commission (EEOC), California’s Fair Employment and Housing Act (FEHA) provides broader protections, covering more types of discrimination and applying to employers with five or more employees. Filing a complaint in California involves a step-by-step process that begins with the Department of Fair Employment and Housing (DFEH).

Types of Workplace Discrimination

Discrimination occurs when an employee is treated unfairly due to a protected characteristic. Under FEHA, the following are examples of protected classes:

  • Race or Ethnicity: Discrimination based on skin color, race, or cultural background.
  • Gender and Gender Identity: Discrimination due to gender, sexual orientation, or gender expression.
  • Disability: Discrimination against employees with physical or mental disabilities.
  • Age: Discrimination against workers 40 years of age or older.
  • Religion: Discrimination based on religious beliefs or practices.

Other types of discrimination include pregnancy, marital status, national origin, and military service.

Step 1: Gather Evidence

Before filing a complaint, it is crucial to gather all relevant evidence that supports your claim of discrimination. This can include emails, performance evaluations, eyewitness accounts, and records of any adverse employment actions (such as demotions, terminations, or missed promotions).

Step 2: File a Complaint with the DFEH

In California, most workplace discrimination complaints must first be filed with the DFEH. You can do this online through the DFEH website or by mailing a completed complaint form. This initial complaint will lead to an investigation by the DFEH.

When filing, you’ll need to include details such as:

  • The nature of the discrimination.
  • When and where the discrimination occurred.
  • Any witnesses or documentation supporting your claim.

Once submitted, the DFEH may investigate your claim, attempt to mediate, or issue a right-to-sue letter allowing you to take legal action in court.

Step 3: Mediation and Investigation

The DFEH may attempt to resolve the dispute through mediation, a process where both you and your employer try to reach a settlement with the help of a mediator. If mediation fails or is declined, the DFEH will conduct a formal investigation. This process involves reviewing evidence, interviewing witnesses, and determining whether there is sufficient cause to believe discrimination occurred.

Step 4: Obtain a Right-to-Sue Letter

If the DFEH decides not to pursue the case or after the investigation concludes, you may receive a right-to-sue letter. This letter allows you to file a civil lawsuit against your employer in court. Keep in mind that there are strict deadlines, so it’s essential to act quickly upon receiving this letter.

Step 5: Consult with an Employment Attorney

Navigating a workplace discrimination claim can be complex, especially when dealing with both state and federal laws. Consulting with an experienced employment attorney can make a significant difference in the outcome of your case. An attorney can assist with gathering evidence, representing you in mediation, or pursuing litigation if necessary.

The experienced employment lawyers at Rothschild & Alwill, APC can advise you on how to prevent and/or handle a potential discrimination claim involving accommodations. Email us or call or office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.

 

    Seek Legal Action

    Legal counsel can help you understand your rights, available options, and advise you on gathering the necessary documents and witnesses to support your claim.

    Since 2001, the attorneys from Rothschild & Alwill, APC have dedicated themselves to workers needing legal assistance. Our experienced labor and employment lawyers can advise you on any potential legal claims. You deserve sound judgment, hard work, skilled representation, and to be treated with dignity during every step of the process.

    Email us or call or office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.

    CONTACT US TODAY TO SCHEDULE YOUR FREE CONSULTATION

    Do Employees Need to Sign the Workplace Violence Prevention Plan?

    One common question employers have is whether employees need to sign the workplace violence prevention plan. While there is no explicit requirement in the California workplace violence prevention plan that employees must sign the plan itself, it is highly recommended that employees acknowledge their understanding of the plan through a signature. This can be done by signing a separate acknowledgment form that indicates they have received, read, and understood the plan.

    How Often Must the Workplace Violence Prevention Plan Be Reviewed?

    The California workplace violence prevention plan requires that the WVPP be reviewed regularly to ensure its effectiveness and relevance. The plan must be reviewed and updated at least once a year, or more frequently if there are significant changes in the workplace environment or if an incident occurs. Regular reviews allow employers to address new risks, update procedures, and ensure that employees are informed about any changes to the plan.

    Conclusion

    In today’s workplace, having a robust Workplace Violence Prevention Plan is not just a regulatory requirement but a critical component of creating a safe and supportive environment for all employees. The California workplace violence prevention plan provides clear guidelines to help employers develop and maintain an effective WVPP. By conducting regular risk assessments, providing ongoing employee training, and ensuring that the plan is reviewed and acknowledged by all employees, employers can significantly reduce the risk of workplace violence and create a safer workplace for everyone.

    The skilled employment law lawyers at Rothschild & Alwill, APC handling all stages of representation for both employees and employers. Email us or call or office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.