You have the right to file a workplace discrimination claim in California if an employer bases decisions about your employment on protected characteristics such as race, gender, age, and other personal attributes. You must follow specific steps to file a claim and take legal action if you experience workplace discrimination in Oxnard, California.
Document a Claim of Workplace Discrimination in California
You will need to provide work documentation, such as a W-2 or 1099, along with additional evidence supporting a workplace discrimination complaint. Employment records, emails, texts, employee actions, and potential eyewitness statements are necessary to support a complaint, charge, and legal action.
Medical documentation and reasonable accommodation requests for a disability impacting your employment can provide evidence of disability discrimination.
An Oxnard workplace discrimination attorney can determine the laws that apply to your claim and which agency to file a complaint with in addition to thoroughly documenting a complaint. The type of discrimination you experience will determine the documentation you need for your claim.
File a California Workplace Discrimination Complaint With a Government Agency
First, you must file a workplace discrimination complaint based on the discrimination you experience and the laws that an employer violates. You may file online, by email, mail, phone, or in person in some instances.
You can file a complaint with California’s Civil Rights Department (CRD). You may also file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) if federal laws apply. You must open an inquiry with the EEOC before filing a charge. Filing a complaint, inquiry, or charge with the correct agency within its time limits is crucial.
Proceed With the Investigation Process
The CRD and EEOC can file a cross-complaint with the other agency to document your complaint. Both agencies will work to determine who has jurisdiction over the complaint. Then, they will investigate the claim to decide what actions to take against an employer for workplace discrimination.
The agencies can decide to close the case, work to settle a complaint, or prosecute in court. Neither agency provides you with legal representation, but will take legal action on behalf of their agency if an investigation proceeds to court.
Participate in Mediation
The CRD and EEOC may require you to participate in mediation with an employer before going to court, depending on the investigation’s findings. Participation may also be voluntary, potentially providing more amicable resolutions in the complaint process. Both parties in mediation have the right to legal representation by an attorney.
File a Lawsuit
You may pursue legal action by filing a claim should the CRD or EEOC decide to close a complaint. You may also file a lawsuit before an investigation is complete. You must obtain a right to sue notice to begin legal action and file within the statute of limitations.
Obtaining a right to sue notice will terminate a government investigation into your complaint. Deciding later not to file a claim does not reopen the investigation. Discussing how to proceed with a workplace discrimination complaint can ensure you make an informed decision.
Settling a legal action out of court may be possible to prevent a lengthier legal process. However, our firm remains steadfastly devoted to fighting discrimination in the workplace and protecting clients’ legal rights in court. We can navigate the complex process of documenting and filing a workplace discrimination claim in California for you, striving to eliminate any barriers to your financial recovery.