Have you experienced discrimination? If so, the first step in pursuing a claim is to file a “charge” with either the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Once your charge is processed, you'll receive a “right to sue” letter, which is a necessary part of the “administrative exhaustion” process.

Today, the EEOC and DFEH make it easier than ever to submit charges, with online filing options available on their respective websites. Alternatively, you may still mail your completed DFEH form, and the EEOC allows submissions by mail if you include the necessary information in your letter.

Experiencing discrimination at work is deeply unsettling. It can leave you vulnerable, angry, and lost. I'll break down the process for filing into clear steps and provide additional helpful tips along the way.

Table of Contents:

• Understanding Discrimination in California
• Initial Steps: Before You File
• Two Paths: DFEH and EEOC
  • Filing with the California DFEH
  • Filing with the EEOC
• The DFEH Complaint Process: A Step-by-Step Guide
• Deadlines and Timing for Filing Discrimination Complaints
• Pitfalls to Avoid
• Legal Considerations and Seeking Legal Advice
• Conclusion

Understanding Discrimination in California

California strongly protects against workplace discrimination through the Fair Employment and Housing Act (FEHA). FEHA covers protected characteristics like race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, and gender expression.

It also covers age (over 40), sexual orientation, and military or veteran status. Discrimination can manifest as biased hiring and firing, unequal pay, harassment, and retaliation. Understanding the nuances of equal employment opportunity is essential in recognizing and addressing these prohibited practices.

Initial Steps: Before You File

Before filing, consider if you have a valid legal claim under federal law and if your employer is covered by FEHA. Most employers with five or more employees are covered, including the state of California and local government entities. Small businesses might be covered in harassment cases, even with a single employee.

Understand unlawful discrimination under fair employment practices and the statute of limitations, typically one year in California (FEHA). Consider seeking legal advice to determine the viability of your claim, especially if you believe you have experienced a violation of Title VII of the Civil Rights Act of 1964.

Two Paths: DFEH and EEOC

California offers two avenues for filing: the California Department of Fair Employment and Housing (DFEH) and the federal Equal Employment Opportunity Commission (EEOC).

Most people file a charge with the EEOC if they plan to pursue federal employment discrimination claims, such as those under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. (Note that filing an EEOC charge is not required for medical leave claims under the Family and Medical Leave Act (FMLA) or for pay under the Equal Pay Act.)

On the other hand, individuals typically file with the DFEH when they aim to pursue state-level discrimination complaints under the Fair Employment and Housing Act (FEHA) or medical leave claims under the California Family Rights Act (CFRA).

Filing with the California DFEH

What is the process for filing a discrimination complaint in California through DFEH? Start by completing the Pre-Complaint Inquiry Form online or via email to [email protected]. A DFEH representative will interview you to assess your case. This initial step is designed to guide you on whether to file a formal charge.

Download the employment pre-complaint inquiry form. If your agency complaint is accepted, the DFEH starts an investigation. Filing a discrimination claim is a significant step towards addressing workplace injustices.

Filing with the EEOC

If your claim falls under federal anti-discrimination laws, you can file with the EEOC. California's EEOC has a work-sharing agreement with the DFEH. You usually have 300 calendar days to file. An inquiry triggers an intake interview, followed by a discrimination charge. The EEOC also plays a role in eeo data collections, which help to monitor employment practices across various sectors.

The DFEH Complaint Process: A Step-by-Step Guide

Here's a step-by-step guide for filing with the DFEH:

1. Pre-Complaint Inquiry: Submit the pre-complaint inquiry form to discuss your situation and receive an initial evaluation. This process is part of determining if a formal charge is warranted.
2. Formal Complaint: If advised, you'll lodge a formal discrimination claim, specifying the details of the alleged discrimination. You must clearly outline the discrimination type and the specifics of what your complaint involves.
3. Mediation (Dispute Resolution): The DFEH mandates mediation, giving you and your employer a chance to settle before formal proceedings (mediation). If mediation fails, the process continues. Mediation services often assist in finding common ground and achieving mutually agreeable solutions.
4. Investigation: If no settlement is reached, the DFEH conducts an investigation, often taking months. The DFEH then either dismisses the charge (issuing a Right to Sue form) or litigates on your behalf. Time frames can change during the investigation, requiring strategic responses.
5. Right-to-Sue Notice: If the DFEH doesn't litigate, they issue a "Right to Sue" notice, allowing you to pursue legal action in court.

Deadlines and Timing for Filing Discrimination Claims

Timely filing is crucial when it comes to discrimination claims, and understanding these deadlines can be essential to preserving your rights. If you believe you've been subjected to unlawful treatment, consulting with a lawyer early on is highly advisable to ensure you don't miss these strict deadlines.

For federal claims under the Equal Employment Opportunity Commission (EEOC), employees generally must file a charge within 180 days of the discriminatory event. However, in cases where a state or local agency also enforces anti-discrimination laws, the EEOC deadline may be extended to 300 days. This allows employees in certain states more time, but it's still essential to act promptly.

For California state claims filed through the Department of Fair Employment and Housing (DFEH), the timeline is somewhat longer. The DFEH generally allows up to one year from the date of the alleged discriminatory act to file a charge. This longer period applies to claims under California's Fair Employment and Housing Act (FEHA), as well as state-specific protections such as medical leave claims under the California Family Rights Act (CFRA).

Failing to file within these deadlines can result in losing the right to pursue a claim, regardless of the strength of your case. Therefore, even if you are uncertain about your next steps, reaching out to an employment attorney can help clarify your options and keep you on track to meet important legal requirements.

Pitfalls to Avoid

Filing a charge with the EEOC or DFEH may seem straightforward, but it can present serious challenges if done without careful consideration. Surprisingly, some judges allow these initial filings to be introduced as evidence against employees, and in some cases, judges have dismissed lawsuits based on mistakes or omissions in these initial charges.

Defense attorneys often seize on inconsistencies or perceived contradictions between an employee's testimony and the details in the charge, using this to cast doubt on the employee's credibility before a jury. Many employees complete these forms on their own without legal guidance, which can leave them vulnerable to unintentional errors or omissions that might weaken their case later.

This is why it's highly recommended to consult with a lawyer before filling out and submitting a charge. An attorney can help ensure your charge is thorough and consistent with the facts of your case, preventing potential pitfalls. Don't underestimate the importance of this document; it can become a key piece of evidence that either supports or undermines your claim. Taking the time to get legal advice upfront can make all the difference in how your case proceeds.

Legal Considerations and Seeking Legal Advice

While legal representation isn't always required, some aspects benefit from legal help. Complaints against a small business require evaluating its legal compliance and record-keeping practices.

Early legal guidance is crucial. A discrimination lawyer provides deeper knowledge regarding evidence and legal recourse if mediation fails. Legal counsel can also advise on required internal procedures, such as directing complaints to HR or legal affairs departments. Navigating legal complexities can be challenging, but professional legal support is a valuable asset throughout the process.

Many jurisdictions mandate employees first address complaints internally, verifying adherence to company procedures before proceeding with a discrimination complaint.

Conclusion

Filing a discrimination complaint in California can feel daunting. But resources and legal avenues exist to support you. By understanding each step and actively participating, you're more likely to see positive changes and prevent future workplace harassment.

At Kingsley Szamet Employment Lawyers, our attorneys can handle the process for you. We work on contingency, meaning if your case is not won, you do not pay. We also offer free consultations and case evaluations. 

Give us a call or engage with our chat to start the process. We're happy to help.