EMPLOYMENT DISCRIMINATION

Too often, people tolerate on-the-job discrimination because they do not know how to seek redress for their grievances. Fortunately, California has public agencies and private institutions to assist victims of workplace discrimination.

If you think you have been discriminated against by your employer, either because of your race, age, gender, religion, national origin or sexual orientation, the first step is to file a complaint with the California Department of Fair Employment and Housing ("DFEH"). This is the California state agency responsible for enforcing laws against discrimination in the workplace.

The DFEH conducts an initial investigation of each and every claim brought to their attention. In special cases, when the agency's investigation finds evidence that an employer has done something very wrong, or they find discrimination taking place that is affecting many workers, the DFEH itself will step in as a claimant's representative and basically act as that person's attorney. In those cases, the DFEH may first try to negotiate appropriate remedies directly with a person's employer or the agency might try to help a worker by obtaining relief through administrative proceedings. In the most special of cases, the DFEH will even go so far as to file a civil lawsuit on behalf of an employee subjected to workplace discrimination and prosecute the case in Superior Court.

However, because the problem of discrimination at work is still so pervasive, and there are so many complaints filed with the DFEH, the agency is only able to pursue a very small percentage of the problems brought to their attention. Therefore, it is important to remember that if the DFEH decides, based on its initial investigation, not to pursue your claim further, it does not mean you do not have a meritorious claim. Many people who have valid claims of on-the-job discrimination for which they legally deserve to be compensated are most often not represented by the DFEH. The state's resources are simply too scarce to represent every person with a good case.

In the cases where the DFEH decides not to prosecute a person's complaint (and remember: that's the majority), the agency issues a "right-to-sue" letter and sends it to the claimant. Each person wanting to bring a lawsuit against his or her employer because of discrimination must have a right-to-sue letter before a lawsuit against the employer can be filed.

The law does not require that you have a right-to-sue letter before you consult with a private attorney about your discrimination claim, and many people may benefit from an attorney's assistance in preparing a complaint to file with the DFEH. However, if you retain a private attorney to represent you, you will have to obtain a right to sue before your attorney can file a lawsuit in Superior Court.

Interestingly, there is recent case law from the California Supreme Court suggesting that it may be easier for a person to obtain punitive damages when represented by a private attorney in a lawsuit rather than when represented by the DFEH.

For additional assistance, please contact the Group Law Service at 661-325-3425.

HOME

CHAIN, YOUNGER, COHN & STILES
1430 Truxtun Avenue
Bakersfield, CA 93301-5220
Tel: 661-323-4000