How to File a Lawsuit in a California Discrimination Case

Employees have right to be free from discrimination in the workplace, and if you believe that your employer has discriminated against you based on an actual or perceived protected character trait, you may have a claim against them for damages. However, filing a discrimination case is different that other types of lawsuits, which is why you should always have an experienced California employment law attorney advocating on your behalf in this type of case. If you are interested in learning more about how to file a lawsuit for discrimination, call or contact a knowledgeable lawyer in your area today.

Filing the Initial Complaint

Before a lawsuit for discrimination can be filed in a California court, a complaint must first be filed with the state’s Department of Fair Employment and Housing (DFEH). When filing the initial complaint, an employee has two options. The first option is to request a notice for an immediate right to sue, which means that the DFEH will not complete an investigation first. The second option is to file the complaint and allow DFEH to perform their own investigation into the claims of discrimination in the workplace.

If the employee chooses to go through the DFEH process, the state agency will review the allegations put forth in the complaint, offer dispute resolution services, and if necessary elevate the case to their legal division. If discrimination is discovered, DFEH usually offers to mediate a solution, but if an agreement cannot be reached, they may file a lawsuit on behalf of the employee in a California court.

Taking the Case to Court

If an employee chooses the first option after filing an initial complaint to request an immediate right to sue, they can take their case directly to the courts. An employee also has the right to take their case to court if at any point in the DFEH complaint process the case is dismissed or a settlement cannot be reached between the employer and employee. If taken to court, the case proceeds through the trial system, which often includes a lengthy discovery process, pretrial motions, and if the case cannot be settled out of court it will go to a full trial.

After the trial, the outcome will either be in favor of the employer or the employee. If successful, the case will likely end there, but if unsuccessful there may be a chance to appeal the verdict to an appellate court. To learn more about your legal options for filing a discrimination case, talk to a lawyer today.

Call or Contact an Attorney Now

No one deserves to be discriminated against in the workplace, and if you or someone that you know has been discriminated against based on a protected trait, you deserve to be compensated for that behavior. An experienced and knowledgeable California employment law attorney is the best person to give you advice on your case, and if you would like to learn more about how to file a claim for discrimination, call or contact a lawyer in your area today.