If you feel that you are being discriminated against now based on your race---even if you
don't believe you can prove it, you still may file a formal complaint and ask the state or the feds to look into the matter for you.
CA law prohibits harassment and discrimination in the workplace and you do have a legal remedy.
Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards XXXXX XXXXX as undesirable or offensive.
In CA you have two possible avenues of approach to dealing with discrimination. If your goal is to ultimately sue in Federal Court, then you will file a complaint with the EEOC, and if you want to be in the CA Superior Court---local to your county---then you will file with the DFEH and, if you want to, with the EEOC as well.
You may a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your race and/or national origin.
To do this you must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at(NNN) NNN-NNNN or apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you.
Alternatively, you may file a complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees, they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(NNN) NNN-NNNN EEOC website: www.eeoc.gov
Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex and Disability of an individual, with regard to hiring, promotion and firing.
After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.
Additionally, if you feel that there is retaliation also based on the fact that you have been granted FMLA intermittent leave, you have a separate remedy for that.
The FMLA permits you to file a complaint with the U.S. Department of Labor (DOL) or file a civil suit. you are not required to first file a complaint with the DOL before filing a civil suit.
When you complain to the DOL, they investigate the complaint. If the investigator believes that a violation exists, the DOL will try to get the employer to comply with the Act. Most employers yield to the findings and proposed remedy of the DOL.
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