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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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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: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year 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 1 year ago.
Are you saying that private clubs can discriminate if it lacks an employer/employee relationship?
Expert:  Patrick, Esq. replied 1 year ago.

Please see my answer to your other question.