How to File a Discrimination Complaint in California

California has some of the strongest employee protections in the country. If you’ve been denied a promotion, fired unfairly, or harassed for your race, pregnancy, or another protected trait, you have the right to take action. When you hire a discrimination lawyer, they can explain how to file a discrimination complaint in California.

Understanding the steps involved in filing can make the process less overwhelming, especially since deadlines can be strict. It is crucial to explore the filing process and how a discrimination attorney can create a strong case.

Identifying Whether You Were Discriminated Against

Before moving forward with your case, you need to confirm that what happened qualifies as discrimination. Under California discrimination laws, it’s illegal for employers to treat their employees unfairly based solely on protected characteristics.

Some of the most common protected characteristics include:

• Race or ethnicity
• Color
• Gender and sexual orientation
• Disability or medical condition
• Age
• National origin
• Religion
• Military or veteran status
• Marital status
• Pregnancy or childbirth
• Disability or medical condition

In the U.S., approximately 41% of Black employees and 20% of Hispanic employees reported facing racial discrimination in 2022. More than 50% of Black Americans face pay and promotional discrimination. Likewise, nearly half of LGBT workers have been victims of unfair work treatment in the United States.

If your employer took negative action toward you in a way that impacted your work or pay, and their actions were based on a protected characteristic, you may have a valid discrimination case.

Filing a Complaint With the Civil Rights Department

In California, workplace discrimination complaints should be filed with the Civil Rights Department (CRD). You can file online, by mail at their Bannon Street address in Sacramento, or by phone.

You’ll need to begin by gathering sufficient evidence, such as emails, witness statements, or documents that show discriminatory treatment. Then, you’ll submit an intake form. The CRD reviews your complaint to decide if it will pursue an investigation.

The CRD may try to resolve the issue informally before deciding whether to give you approval to pursue a legal claim. If they give you a letter called a “right-to-sue notice,” you can pursue a case in civil court.

A discrimination attorney can prepare the complaint, communicate with investigators on your behalf, and make sure your case is filed by the required deadlines.

Understanding Deadlines

The CRD requires complaints to be filed within three years of the alleged discrimination’s occurrence. You can also file under the Equal Employment Opportunity Commission within 180 days, 300 days, or three years, depending on the specific issue.

Missing a deadline can prevent you from recovering damages. A skilled discrimination attorney can make sure your complaints are filed within the correct timeframes.

Filing a Legal Claim

If the CRD’s investigation doesn’t give you a resolution, you can file a legal claim. An experienced discrimination attorney can help you seek compensation for:

• Lost wages and benefits
• Emotional distress
• Punitive damages in cases of extreme misconduct
• Attorney fees and court costs

Filing a legal claim can be the most effective way of holding your employer accountable. It’s also one way to prevent future misconduct on their part.

Tips for Building a Strong Discrimination Case

If you have been discriminated against, you need to act quickly. Begin by documenting everything, including records of incidents, dates, and all communications. Save any relevant emails and text messages that you can use as evidence later.

Report the discrimination internally. Your company should have a reporting policy, so be sure to take the right steps. Getting legal advice early on can strengthen your case. A skilled attorney can also guide you through communication with your employer.

Why You Should Choose Esperanza Anderson for Discrimination Cases

When you’re fighting against workplace discrimination, you need a knowledgeable attorney to have the greatest chance of success. Esperanza Anderson stands out as one of Downey’s most trusted employment lawyers. She’s passionate about protecting California workers from unfair treatment and isn’t afraid of a challenge.

Esperanza Anderson is fluent in Spanish and proudly represents clients from all backgrounds. Her clients choose her firm because of her familiarity with California discrimination laws. She offers honest guidance and understands that each unique case requires an equally unique strategy. Esperanza Anderson can fiercely advocate for you and hold your employer accountable.

FAQs

How Do I File a Complaint About Discrimination in California?

To file a discrimination complaint in California, contact the California Civil Rights Department (CRD). You can file online, by mail, or by phone. Be sure to provide details about your employer, the discriminatory acts, and supporting documents. The CRD then investigates your claim and may attempt mediation. The CRD may give you a right-to-file letter that permits you to take legal action.

What Evidence Do I Need to Prove Discrimination?

Proving discrimination requires direct and circumstantial evidence. Direct evidence includes emails, statements, and other comments showing bias based on race, gender, or pregnancy. Circumstantial evidence can include inconsistent treatment, sudden negative evaluations, or suspicious timing. Include performance reviews, text messages, and witness statements to strengthen your claim.

How Hard Is It to Win a Discrimination Claim?

Winning a discrimination claim can be tough because proving intent isn’t always easy. Employers may argue that they had legitimate reasons for making their decision. However, strong evidence can improve your chances of success. That includes documentation, witness statements, and proof of multiple incidents. A discrimination attorney knows how to gather evidence and present strong arguments to demonstrate that the discrimination happened.

Is It Worth Filing a Discrimination Claim?

A: If you’ve faced unfair treatment based on gender, race, pregnancy, or a related protected characteristic, it may be worth it to file a discrimination claim. A successful claim can lead to compensation for lost wages, emotional distress, and reinstatement at work in some cases. It also holds employers accountable to prevent this situation from happening again in the future.

Hire a Discrimination Lawyer

If you’re wondering how to file a discrimination complaint in California, contact Esperanza Anderson today to schedule a consultation. She can guide you through the process and fight for the justice you deserve.