How long do I have to file a lawsuit for employment discrimination in California?
Unfortunately, employment discrimination is an all too common occurrence in California.
This may be in large part because California is such a large state with a large amount of employees, or simply because many California workers do not understand their rights.
It may even be a mixture of both.
Whatever the reason for the outstanding number of incidences, however, the fact remains that discrimination on any level is wrong. Whether the discrimination stems from an age bias, gender bias, pregnancy, disability, or racial bias, an employer guilty of adverse actions needs to be reprimanded for his or her wrongdoings.
If you or someone you know is the victim of any sort of discrimination in the workplace, you have rights.
A skilled Los Angeles, California discrimination lawyer can advise you of those rights and help you defend them via a well-planned and thoughtfully-executed discrimination lawsuit.
California Statute of Limitations on Discrimination Claims
One of the main reasons that many acts of discrimination go unheard is the fact that victims do not understand that there is a filing deadline.
In other words, he or she must file the claim within the time limit.
Depending on which law you refer to, that time limit is either 300 days or one year.
If you file a claim with the Equal Employment Opportunity Commission (EEOC), which enforces Title VII and the ADA (42 USC §§2000e-5, 12117(a)), you have up to 300 days to file your claim.
If you file a claim with the Department of Fair Employment and Housing (DFEH), which enforces the FEHA (Govt C §§12925(b), 12960-12976), you have up to one year.
The statute of limitations for filing a discrimination claim begins on the date of the last incident of discrimination. DFEH allows for an extension of 90 days if a claimant does not learn of the facts of the alleged act until one or more years after the act occurred.
Unfortunately, victims are sometimes required to exhaust their employer’s internal complaint procedures in addition to filing a claim with either EEOC or DFEH.
This may mean reporting discrimination or harassment directly to their employers or the HR department, who can sometimes try to slow things down, discourage you, or unnecessarily complicate the process to prevent you from proceeding to a real solution.
If this happens, reach out to an aggressive California employment discrimination lawyer. A skilled attorney can help speed up or may even allow you to avoid the internal processes altogether.
Hire an Aggressive California Employment Discrimination Attorney
Dealing with discrimination in the workplace can be frustrating, disheartening, and damaging. Nobody should have to deal with it.
If you or someone you know is a victim of discrimination in the workplace, you have rights. Reach out to the Los Angeles, California discrimination lawyers at Workplace Rights Law Group to discuss your legal options and start building your case today.