What Legal Steps are Required to File a California Employment Discrimination Claim?
At the Leichter Law Firm, APC, the Los Angeles employment law attorney, Aryeh Leichter, knows filing a claim against a California employer for discrimination in the workplace requires multiple legal steps to achieve success.
While no California or Federal law requires employees to partner with a skilled employment lawyer to pursue a discrimination claim, it is important for all employees to know their rights before they begin the process.
Here is how it unfolds.
File a Workplace Discrimination Claim with the California Civil Rights Department or the Equal Employment Opportunity Commission
Before a California employee can pursue a lawsuit against their employer for discrimination, he or she must first file a claim with either the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
If filing with CRD, the agency will investigate the claim and decide whether to file a lawsuit on the worker’s behalf. If CRD declines to pursue a claim, the individual will be given a “right to sue” letter that paves the way to file a claim with the help of an experienced California employment law attorney.
If filing with the EEOC, the agency will also investigate the claim but may attempt to settle with the employer before filing a lawsuit. If EEOC is unable to settle the case, the individual will also be given a “right to sue” letter.
Employees have one year from the date of the alleged discrimination to file a claim.
Moving Forward with a Legal Claim
Once a California employee receives a “right to sue” letter from CRD or EEOC, he or she has 90 days to file a legal claim against their employer or waive their right to file a claim altogether.
The Discovery Process
Once a California employee discrimination claim is filed, both parties — the employer and the employee — will begin gathering evidence to support their side of the claim.
This means taking depositions from witnesses who can confirm (or deny) their side’s claims, and substantiating facts that will help build their cases.
Negotiating a Settlement or Proceeding to Trial
The evidence and facts of the case will often dictate whether the employer wants to quickly negotiate a settlement or proceed to trial.
When your employment discrimination attorney can provide convincing evidence to support your claim, the employer’s legal team will often attempt to settle the claim quickly, instead of taking their chances at trial.
If the offer is fair, your attorney may advise you to take it. If it is not, and your interests are best served by going to trial, the skilled employment discrimination attorney at the Leichter Law Firm, APC will be ready to pursue the best outcome at trial.
Contact the Leichter Law Firm, APC Discrimination Attorney in Los Angeles, California
If you have been subjected to discrimination in the California workplace, 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.