Are You Facing Discrimination in California?
In California, it is illegal to make hiring, firing, and other adverse employment actions against individuals or groups because of their:
California employees who are discriminated against can file an employment discrimination lawsuit against the employer for damages.
- Age (over 40)
- Ancestry
- Color
- Religious Creed (including religious dress and grooming practices)
- Family and Medical Care Leave
- Disability (mental and physical) including HIV and AIDS
- Marital Status
- Medical Condition (cancer and genetic characteristics)
- Genetic Information
- Military and Veteran Status
- National Origin (including language use restrictions)
- Sex (including pregnancy, childbirth, breastfeeding and related medical conditions)
- Race
- Gender
- Gender Identity
- Gender Expression
- Sexual Orientation
California employees who are discriminated against can file an employment discrimination lawsuit against the employer for damages.
How Do I File an Employment Discrimination Lawsuit in California?
The first step is to contact an experienced California employment law attorney for guidance. The employee rights attorney will then work with you to exhaust all administrative remedies. This means filing your complaint with the Department of Fair Employment and Housing (DFEH) before pursuing a lawsuit.
You can request an immediate right to sue notice in some cases, but should consult your options with an attorney well versed on the process. Your attorney can obtain a right to sue notice and file your case in California Superior Court, in the county where the discrimination occurred, or another relevant county.
Once you file the lawsuit, the “complaint” will be served to the employer and anyone else named in the lawsuit as a defendant. The defendants will respond to the complaint with a formal answer in regard to the allegations within the lawsuit, and then the case may proceed through litigation.
You can request an immediate right to sue notice in some cases, but should consult your options with an attorney well versed on the process. Your attorney can obtain a right to sue notice and file your case in California Superior Court, in the county where the discrimination occurred, or another relevant county.
Once you file the lawsuit, the “complaint” will be served to the employer and anyone else named in the lawsuit as a defendant. The defendants will respond to the complaint with a formal answer in regard to the allegations within the lawsuit, and then the case may proceed through litigation.
Can I Seek an Out of Court Settlement?
At any point before the end of a trial, the employer and employee can negotiate a settlement before the court makes a ruling on the case. Having a skilled California employment law attorney in your corner ensures a smooth process through the courts and is your best option at a just outcome.
If a settlement is not reached it may go to in front of a judge or to a jury. The judge and jury will hear the evidence and the arguments from each side. The judge or jury will then make a finding for or against the plaintiff on each claim, and determine what damages to award each part.
If a settlement is not reached it may go to in front of a judge or to a jury. The judge and jury will hear the evidence and the arguments from each side. The judge or jury will then make a finding for or against the plaintiff on each claim, and determine what damages to award each part.
When you pursue your case, you are doing more than helping yourself. You are influencing those in charge. You are influencing policies that will benefit employees everywhere.
—Attorney Adam M. Kent
SERVING SAN DIEGO AND SANTA BARBARA CALIFORNIA
With over 10 years of experience in employment law, our law firm can aggressively advocate for your rights in San Diego, and Santa Barbara. Contact us today to schedule a consultation.
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Santa Barbara, CA
Call: (619) 892-8422
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