Please ensure Javascript is enabled for purposes of website accessibility How To File A Employment Discrimination Complaint in California - Pride Legal

Discrimination occurs when a person or group of people receives unfair or prejudicial treatments based on a personal characteristic. Discrimination can occur just about anywhere in the workplace. When talking about discrimination in a professional context, studies made by the U.S. Equal Employment Opportunity Commission (EEOC), have shown that over 60% of employees experienced or seen discrimination at work. In order to combat the high percentage of discrimination and to learn when to file an employment discrimination complaint, individuals can demand back inclusivity to their workplace by first knowing their rights.

What is Considered Employment Discrimination?

Employment discrimination can occur when an employee or job applicant receives unfair or prejudicial treatments based on personal characteristics or any number of factors. Workplace discrimination issues can appear in various forms, commonly but not limited to;

  • Age
  • Gender
  • Race
  • Ethnicity
  • Skin color
  • National origin
  • Mental or physical disability
  • Genetic information
  • Relationship to someone who may be discriminated against
  • Pregnancy or parenthood

The scope of employment discrimination is set forth by Title VII of the Civil Rights Act of 1964. Under the act, it is illegal to discriminate against employees on the grounds of race, color, religion, national origin, or sex. The EEOC is responsible for enforcing this act and other employment discrimination matters.

Additionally, several other federal laws are in place to protect individuals against employment discrimination include;

The Pregnancy Discrimination Act:
An expansion of Title VII which protects and prohibits individuals from sexual discrimination based on pregnancy, childbirth, and/or a medical condition relating to maternity

The Equal Pay Act of 1963 (EA):
Prohibits sex-based wage discrimination between men and women who perform equal work in the same workplace

The Age Discrimination in Employment Act of 1967 (ADEA):
Protects employees or future employees who are 40 or older from age discrimination in the workplace

Title I of the Americans with Disability Act of 1990 (ADA):
Prohibits and illegalizes discrimination against a qualified person with a disability from employment or during employment

These laws are set in place to reflect EEOC’s enforcement of employment discrimination issues. However, the law and the court’s interpretation on this matter is always evolving and ever-changing around current issues. Most states have adopted laws against employment discrimination. Although many state laws are similar and consistent federal law, slight differences can be found from state to state. For instance, some states may offer additional protection in certain discrimination areas. Regardless of the varying jurisdictions, when filing a lawsuit on employment discrimination claims, individuals can always invoke their federal civil rights, even in states that do not explicitly acknowledge protections against discrimination.

What is considered employment discrimination?

The EEOC will enforce and protect employees from employment discrimination cases that involve;

  • Unfair treatment
  • Harassment
  • Denial of a reasonable workplace change
  • Improper questions or disclosure of
  • Retaliation

However, in most cases, employment discrimination is not obvious. Signs of discrimination can even be small actions that victims experience on a day-to-day basis. Some possible sign of discrimination may include:

  • Unfair increased workload
  • Inconsistent rules that apply to different employees
  • Inappropriate remarks made about sex, race, background, etc
  • Denying the right to compensation or benefits
  • Denying reasonable accommodations
  • Unequal pay for the same amount of work or position

What Is Protected Under Employment Discrimination in California?

Under California law, individuals are protected from illegal discrimination by employers on the following grounds;

  • Race, color
  • Ancestry, national origin
  • Religion, creed
  • Age (40 and over)
  • Disability, mental and physical
  • Sex, gender (includes maternity-related matters)
  • Sexual orientation
  • Gender identity, gender expression
  • Medical condition
  • Genetic information
  • Marital status
  • Military or veteran status

In addition to the grounds listed, it is also illegal for employers to discriminate against people predisposed to a genetic hereditary disease. Employees are protected during the applicant selection process and at any time during the course of employment. Employers may not conduct tests for any employee’s genetic characteristics.

In California, employment discrimination law addresses “English-only” policies. This means that an employer cannot prohibit employees from speaking other languages in the workplace unless the prohibition is absolutely necessary. If and when a language is restricted, employers are required to notify employees of the times in which the language is restricted and the consequences of violating the restriction.

There are slight similarities and differences between California’s state law and federal law. First, California employment discrimination law is often more broadly interpreted in the areas of disability discrimination and sexual harassment than federal law. Second, in federal law, only supervisors can be held liable to charges. However, employees in California may file claims against co-workers to be personally responsible for workplace harassment as well. Lastly, California law differs from the federal Americans with Disability Act.

When To File An Employment Discrimination Claim

The statute of limitations is legally set deadlines to file a lawsuit. Once the deadline has passed, individuals will risk losing the right to file that claim in court. This also applies to employment discrimination claims. Employees have a certain amount of time period to file a lawsuit against an employer.

California Discrimination Law Violations


Individuals have three years since the time of the employment discrimination incident to file a complaint with the California Department of Fair Employment and Housing (DFEH). Before filing the complaint, individuals must obtain a right to sue notice from the state. After receiving the right to sue notice, individuals will then have one year to file the lawsuit in state court.

Federal Discrimination Law Violations


Generally, the statute of limitations for a federal employment discrimination complaint must be filed within 180 calendar days from the date the discrimination took place. However, claims that are covered by local laws will have an extended deadline of 300 days to file the claim. Additionally, a different time requirement will apply to federal employees and job applicants. They must notify EEOC within 45 days of the incident. Individuals are encouraged to file their claims as soon as possible because some legal claims may have shorter deadlines.

Individuals must obtain a notice of right to sue before they can file a federal employment discrimination complaint. Once the notice is issued by the EEOC, individuals will have 90 days to file a lawsuit in civil court.

How To File An Employment Discrimination Complaint

There are two ways in which a discrimination claim can be filed in California, either with;

  • The California Department of Fair Employment and Housing (DFEH), or
  • The Equal Employment Opportunity Commission (EEOC)

Both of these agencies work together to process claims, therefore individuals do not need to file to both agencies. However, employment discrimination can be a violation under state law and federal. Therefore, in most cases, individuals can indicate which agency the individual wishes to “cross-file” the complaint with the other agency.

The nature of the case an individual is dealing with may also be an important factor in deciding which agency to file with. For instance, federal law does not cover smaller employers. Since the Equal Employment Opportunity Commission (EEOC) enforces federal law, it will generally deal with workplaces with more employees. In California, smaller employers are covered by anti-discrimination statutes, so it is enforced by the California Department of Fair Employment and Housing (DFEH).

If a workplace employs between;

  • 5-14 employees, individuals should file with the DFEH
  • 15 or more employees, individuals should file the EEOC
  • 15 or more employees (20 or more employees for age discrimination claims), individuals may file to either agency

Differences In Filing Claims with EEOC vs. DFEH

Although individuals may choose to file their complaints with either the EEOC or the DFEH, there are slight differences. California’s jurisdiction protects individuals to the same extent as federal employment laws in several regards. However, California employment law provides a wider scope for employment discrimination. For example, in California, FEHA protects a larger class of disabled people than the ADA. Additionally, some local laws protecting employees may not exist in federal laws under Title VII. Therefore, individuals that are choosing to file complaints between the two agencies will have to make a determination based upon the nature of their case.

What Is Included In Employment Discrimination Damages & Compensation?

The damages for employment discrimination lawsuits can vary depending on the nature of each case. Damages may include money damages, punitive damages, and equitable remedies. Under the California Department of Fair Employment and Housing, state law provides a list of possible remedies for victims of employment discrimination including:

  • Back pay (covers past lost earnings)
  • Front pay (covers future lost earnings)
  • Hiring/reinstatement
  • Promotion
  • Out-of-pocket expenses
  • Policy changes
  • Training
  • Reasonable accommodations
  • Damages for emotional distress
  • Punitive damages
  • Attorney’s fees and costs

Contact Pride Legal

If you or a loved one has been discriminated against, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.

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