California Employment Law
California Employment Law Questions Answered by Legal Experts
Good evening Wendy,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
I've been a licensed CA attorney for nearly 3 decades, and for two of those, I have handled employment discrimination law and litigated cases against employers. Your description of the situation seems to indicate that there may well be discrimination going on based on your race/national origin. CA law prohibits harassment and discrimination in the workplace and if this is happening to you, 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 must file a formal complaint of discrimination with the EEOC within 300 days of the alleged discriminatory act, and within one year for the CA DFEH.
You may file a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on sexual harassment/sex discrimination. 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 (the DFEH only requires that there be 5 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.
You may reply back to me again, using the Reply to Expert link, if you have additional questions.I wish you the best in your future,Doug
Thank-you! Since my first complaint and my workmans comp was filed in January 2012, and I was told my claim was denied last August. Is this longer than the One year period? Or because the taunting & use of the "f" word continues in the workplace although not as directly "at me" as the first one and several have been. Coworkers & supervisors are aware I find the language extremely offensive and continue to use it, say "ooooo.dont say that, (in a taunting manner) as she may complain.
Thank-you again. Your advice & resources are excellent. If I do want Lawyer representation, do you have any suggestions? I'm in Sacramento area, but willing to go to bay area. I like the job, but not the "harrasment" and need to continue to work there. I do not have a personal lawyer, in this area- have used a local lawyer for estate planning.
yes I work in Sacramento
thank-you. I am reviewing your answer now.
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