If you’ve been a victim of discrimination at work in Orange County, on grounds of race, gender, age, disability, or other protected characteristics, the law offers you a path to justice under California’s Fair Employment and Housing Act (FEHA) and federal laws like Title VII.
These systems may seem formidable to deal with. But working with an experienced Orange County work discrimination lawyer and understanding each step of the process, from reporting internally to pursuing formal legal action, can help you to defend your rights. Here are the legal processes:
1. Internal Reporting – Employer & County
Most organizations recommend initiating the process by filing a written complaint with Human Resources or management. This is a way to establish a documented record of your issue. After the internal reporting, it’s ideal to follow up with a formal summary via email or letter. As an Orange County employee, you also have the option of calling the County’s Equal Employment Opportunity Access Office.
2. External Filing with State/Federal Agencies
If fixing the issue in-house doesn’t work or isn’t suitable, you can try the next level by filing externally. In California, you may file a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), within three years of the alleged discrimination.
The CRD process can include interviews, requests for documentation, and attempts at mediation. If no resolution is reached, the CRD may issue a Notice of Right-to-Sue, after which you have one year to file your case in state court. At the federal level, you can file with the Equal Employment Opportunity Commission (EEOC).
If your state also covers the issue, the deadline is 300 days; otherwise, you must file within 180 days. The EEOC may offer mediation or conduct an investigation. If unresolved, it issues a federal Right-to-Sue letter, and you then have 90 days to file a federal lawsuit.
3. Preparing Your Evidence
To make your argument more convincing, collect all documentation of the incident, i.e., emails, texts, or internal memorandums which reflect discriminatory comments or actions. Keep a clear note which records dates and descriptions of the incidents.
Witness statements or testimonies of other people who can verify your claims can also come in handy. Also, gather copies of company policies and performance appraisals to defend your work performance and serve as reference points for any disciplinary action taken against you.
4. Legal Action – Filing the Lawsuit
After they have been issued a Right-to-Sue letter, the action begins through the filing of a complaint in either federal or state court. The employer then has the option of replying, either by answering the complaint or by filing a motion to dismiss.
Evidence and documents supporting the evidence are deposited on both sides when the case is discovered. Pre-trial motions and settlement talks then usually arise. The case is decided in case there is no settlement.
Post-trial motions or appeals, as may be necessary under the finding, can follow afterward, and if you succeed, there may be additional procedures for recovering damages.
5. Remedies & Statutes of Limitations
Under such laws as the Fair Employment and Housing Act (FEHA) and the Title VII of the Civil Rights Act, relief would comprise back pay, front pay, reinstatement to your job, emotional distress damages, punitive damages, and payment of attorney fees.
There are strict deadlines to be aware of: a complaint to the CRD must be filed within three years of the alleged incident. Once you receive a Right-to-Sue notice, you have one year to file a lawsuit in state court.
For EEOC matters, you must file the charge within 180 to 300 days, and you then have 90 days to file suit after receiving the EEOC’s Right-to-Sue letter.