How Long Do I Have to File a Disability Discrimination Claim Against My California Employer?
The Leichter Law Firm, APC, Los Angeles disability discrimination attorney, Aryeh Leichter, represents California employees who have had their employment rights violated for simply having different abilities than other employees.
Like all discrimination claims, some statutes require an employee to act quickly so they can hold their employers accountable for their unlawful behavior.
Here is what disabled employees must know about their legal rights to file a claim.
How Long Do I Have to File a California Disability Discrimination Claim?
Depending on which law employees plan to enforce, the time limit to file a disability discrimination claim against their employer is either 300 days or one year.
If employees file a claim under federal law with the U.S. Equal Employment Opportunity Commission (EEOC), which enforces Title VII and the Americans with Disabilities Act (ADA), they have up to 300 days to file a claim.
If employees file a claim under California law with the Department of Fair Employment and Housing (DFEH), which enforces the Fair Employment and Housing Act (FEHA), they have up to one year to file a claim.
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 the employee does not learn of the facts of the alleged act until one or more years after the act occurred.
Why Do California Employees Delay Disability Discrimination Complaints?
There are instances where disabled employees are required to file an internal complaint with their human resources department while pursuing the same complaint with an outside agency.
Unfortunately, this often discourages employees from moving forward with their claims, or at the very least, complicates the process.
If you have suffered from discrimination in the workplace, talk to an experienced California employment discrimination lawyer who will help you clearly understand your legal rights and options to hold your employer accountable for their unlawful behavior. This could mean forgoing the internal complaint altogether.
It is important to understand that in California, all workers are protected by the state’s labor laws. There is no need for a Social Security number or photo identification to file a discrimination complaint. Employees cannot be questioned about their immigration status or reported to other government agencies.
Contact the Leichter Law Firm, APC Employment Lawyer in Los Angeles, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.