How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11289
Experience:  Significant experience in all areas of employment law.
60109343
Type Your Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

Do I have to file my claim with the EEOC (Equal Employment

Customer Question

Do I have to file my claim with the EEOC (Equal Employment Opportunities Commission) before trying to bring it to federal court?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.

Thank you for your additional question.

As noted in my answer to your other question, discrimination is not illegal unless it is motivated by a legally protected trait. In that case, it is actionable under our civil rights laws, but in all other cases, it does not violate any law. If you believe you were the victim of discrimination that was motivated by a legally protected trait, you can proceed directly with a lawsuit in civil court. Discrimination in the context of employment must first be investigated by the EEOC or California's Department of Fair Employment & Housing, but discrimination by a business with which you do not have an employer/employee relationship is not bound by this same requirement. Also, you would typically want to sue under California's Unruh Civil Rights Act in state court rather than bringing your claim in federal court.

Again, I hope this answers your question.

Customer: replied 6 months ago.
Are you saying that private clubs can discriminate if it lacks an employer/employee relationship?
Expert:  Patrick, Esq. replied 6 months ago.

Please see my answer to your other question.

Related Employment Law Questions