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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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If you see discrimination can you sue, without being a vic

Resolved Question:

If you see discrimination can you sue, without being a victim?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question.

Unfortunately, you cannot. There is a long standing legal doctrine known as "standing." It holds that a party must demonstrate sufficient connection to and harm from the offending party's conduct to support participation in the case. In short, a plaintiff must be able to demonstrate that they have been or will imminently suffer harm as a result of the offending party's conduct.

In short, unless you can show that the discrimination has had an adverse effect on you personally, you would be unable to bring a claim.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that non of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Customer: replied 2 years ago.
So you would not feel a threat to yourself and your employment, if you were witnessing this before your every eyes. If it could happen to them, it could happen to you, to me that is a direct threat to the security of my future.
Expert:  Patrick, Esq. replied 2 years ago.
If you believe that the discrimination is having an actual impact on you, even if not directed at you, you MAY be able to file a "hostile work environment" claim. California courts have held that you do not need to be the actual victim of harassment in order to be eligible to make such a claim. You do, however, have to be able to demonstrate that you personally were impacted as a result of the toxic work environment. The conduct must be sufficiently severe and pervasive, which it sounds in your case that it is.

If you want to file a lawsuit, you must first file a formal complaint of discrimination with the federal Equal Employment Opportunity Commission (EEOC) or California's Department of Fair Employment and Housing. Either the EEOC or the DFEH will issue you an authorization to sue after they investigate your claim. You don't need to file with both agencies. Finally, if you decide to sue, don't miss your deadline. Under federal law in California, you have 300 days from an act of discrimination to file a complaint.

For information on how to bring a claim through California's DFEH, visit this link: http://www.dfeh.ca.gov/Complaints.htm For information on how to brig a claim through the EEOC, visit this link: http://www.eeoc.gov/employees/charge.cfm

I hope that you find this additional information helpful, and I wish you the very best.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Patrick, Esq., Lawyer
Satisfied Customers: 6794
Experience: Significant experience in all areas of employment law.
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