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Ask LawTalk Your Own Question
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37836
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have been wrongfully suspended by a hospital and I have

Customer Question

I have been wrongfully suspended by a hospital and I have experienced harassment, retaliation and gender and racial discrimination. I am a doctor. during the suspension, I resigned as I knew that the MEC will not be fair to me. I would like to now sue them for wrongful suspension and harassment and gender and racial discrimination. I would ik etc either look for a proton attorney or would like to represent myself. What form do I need to fill out in court to represent myself
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Doctor,

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 three decades now, and for two of those, I have handled employment discrimination law and litigated cases against employers. Your description of the situation seems to indicate you believe there has been ongoing discrimination based on your race/national origin as well as gender.

CA law prohibits harassment and discrimination in the workplace and if this is happening to you, you do have a legal remedy. In order to sue for discrimination, you must first get a right to sue letter from either the EEOC or the DFEH.

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, religious creed, sex
(including pregnancy, childbirth, or related medical conditions), sexual orientation, physical or mental disability, medical condition (including cancer, a record or history of cancer, or genetic
characteristics), registered domestic partner status, marital status, age, family care leave, national origin, or ancestry, 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 ***** ***** 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 (Government Code §12960). Tolling of the CA 1 year limitations period can be accomplished by pursuit of a labor grievance, pursuit in federal court, or filling a complaint with the EEOC.

You may file a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your race and/or national origin. McDonald v. Antelope Valley Community College Dist., ___ Cal.4th __ (No. S153964, Oct. 27, 2008)

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(###) ###-#### ***** 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 employer has 15 or more employees (the DFEH only requires that there be 5 or more employees, and only one if the claim is based on harassment), 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(###) ###-#### ***** website:

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 using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Customer: replied 1 year ago.
Is the true for physicians as wellwhat is the form # ***** is used to sue the hospital Medical Executive Committee when I am ready to sue. That is a part of my original question. I would like to represent myself. I have already filed a complaint with DFEH
Expert:  LawTalk replied 1 year ago.

Good afternoon,

It applies to all employees working in CA.

The forms that CA has are not well suited for a complex case such as employment discrimination, and I can almost guarantee that you will be overwhelmed with paperwork and discovery of you try and handle this yourself.

While I absolutely recommend against it, the forms that can be used in a suit like this would include:

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,