If you believe that you have been discriminated against at your workplace in San Diego, California, you may have the right to take legal action against your employer. This involves filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD) and then filing a lawsuit against your employer. You can either file a lawsuit on your own, or file with the help of an experienced employment law attorney.
What is Discrimination in San Diego, California?
Discrimination in California is defined by a federal statute and a state statute. Federally, your rights are protected under Title VII of the Civil Rights Act of 1964. This protects you against discrimination based on race, color, religion, sex, and national origin. It also protects you against discrimination based on pregnancy, childbirth, or related conditions. This applies to all employers with 15 or more employees.
The State of California passed the Fair Employment and Housing Act, enforced by the Civil Rights Department. This Act protects all employees in businesses with 5 or more employees from discrimination based on their race, religion, color, national origin, ancestry, physical or mental disability, reproductive health decision-making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
Regardless of the form it takes, discrimination can have a serious impact on an employee’s well-being, job performance, and career development.
Steps to Filing an Employment Discrimination Lawsuit
The process of suing your boss for discrimination in San Diego starts with filing a complaint with the EEOC and/or the CRD. This is a federal and state agency, respectively, responsible for enforcing anti-discrimination laws. Filing a complaint allows the agencies to investigate your claims and determine if there is evidence of discrimination.
The EEOC will then either file a lawsuit on your behalf or issue you a “right to sue” letter. This will give you the green light to file your own lawsuit in court, or with the help of a lawyer.
It is important to note that in California before you file a lawsuit, you are required by the CRD to file a complaint with them within one year of the discriminatory act.
When filing a lawsuit, you will need to prove that discrimination occurred. This will require you to show that you were treated differently from other employees because of a protected characteristic, such as race, gender, age, disability, or another California-specific protected class. You will also need to prove that this discrimination had a negative impact on your job or career.
Tips for Filing an Employment Discrimination Lawsuit
One of the most important things when suing your employer for discrimination is to keep all the evidence that supports your claim. This can include but is not limited to, emails, witness statements, performance reviews, and other documents that show that you were treated differently from other employees.
It is important to keep in mind that discrimination lawsuits can be lengthy and complex, so it is wise to consider scheduling a consultation with an experienced employment law attorney who can help guide you through the process.
It is essential to be aware of your rights and to take action to protect yourself if you believe that you have been the victim of discrimination. If you believe you are being discriminated against, begin by filing a complaint with the EEOC or the CRA and then speak with an employment law attorney to help you through the next steps.