Here is a detailed breakdown of who can file such a suit:
Employees
- Current Employees: Individuals currently employed at covered employers who believe they have been subjected to discrimination, harassment, or retaliation can file a complaint.
- Former Employees: Individuals who have been terminated, who have resigned, or who otherwise ended their employment relationship due to alleged discriminatory practices can file a complaint.
Job Applicants
- Prospective Employees: Individuals who applied for a job and believe they were discriminated against during the hiring process based on a protected characteristic.
Contract Workers
- Independent Contractors: Certain protections under the Fair Employment and Housing Act (“FEHA”) extend to independent contractors who experience discrimination or harassment in their work environment.
Government Agencies
- CRD: The California Civil Rights Department (formerly the Department of Fair Employment and Housing) can initiate an investigation and bring a suit on behalf of individuals who allege workplace discrimination, harassment, or retaliation in violation of FEHA.
- EEOC: The Equal Employment Opportunity Commission (EEOC) can also investigate and file suits on behalf of employees under federal anti-discrimination laws, which often work in parallel with state laws.
Steps to File a Discrimination Complaint
File a Complaint with CRD:
The first step is typically to file a complaint with the CRD within three years of the discriminatory act. The CRD will investigate the complaint and may attempt to mediate a resolution.
Obtain a Right-to-Sue Notice:
If the CRD does not resolve the issue or if the individual prefers to proceed directly to court, they can request a “Right-to-Sue” notice from the CRD. This notice allows the individual to file a lawsuit in state court.
File a Lawsuit:
After obtaining the Right-to-Sue notice, the individual can file a lawsuit in state court. This must be done within one year from the date the notice is issued.
Considerations for Filing a Lawsuit
- Statute of Limitations: It is crucial to adhere to the timelines for filing complaints and lawsuits to avoid losing the right to pursue legal action.
- Legal Representation: Individuals may seek the assistance of an employment attorney to help navigate the legal process and strengthen their case.
- Documentation and Evidence: Maintaining detailed records and evidence of the discriminatory, harassing, or retaliatory conduct, such as emails, witness statements, and performance reviews, can be vital in supporting the claim.
By following these steps and understanding who has the standing to file a discrimination suit, individuals can effectively pursue their rights under California’s robust anti-discrimination laws.
* The articles provided on the Stalwart Law website are for informational purposes only and are not intended to be used as professional legal advice or as a substitute for legal consultation with a qualified attorney.