This is the next post in our series on the handling of Santa Ana, California disability discrimination cases. Our last article discussed what constitutes disability discrimination in employment. It is important to understand that the question of whether or not an Orange County company discriminated is always going to be situation specific. In this article we will discuss the process of filing a claim against your employer. We cannot stress enough that this is a complicated process and it is strongly suggested that you retain an attorney to assist you.
Orange County employees must bring a disability discrimination claim through the Department of Fair Housing and Employment or the EEOC
State and federal law requires that an Orange County, California employee “exhaust their administrative remedies” before filing a discrimination lawsuit against their employer. In layman terms this means that there is a separate process which you must go through before filing a case in Court. If you fail to go through this process, and immediately sue your employer, then chances are the case will be dismissed. There are two ways in which a state agency will help you. The first is by prosecuting a case directly and the second is by issuing a “right to sue” letter.
Claims of discrimination must be filed with the Department of Fair Employment and Housing (DFEH) within one year of the last time that an act of discrimination occurred. Once a claim is made with the DFEH then, within sixty days, an agency investigator will contact the employee and conduct an interview. If the claim has merit then the agency will serve a formal Complaint upon the employer. While the investigation is ongoing the agency will make efforts to settle the dispute between the employer and the employee. If the matter cannot be resolved then the agency may file a lawsuit in Court on behalf of the employee and the agency will handle the case. Depending on the strength of the case, the nature of the claim, and the availability of government resources, the agency may issue the employee a letter giving them the right to sue the employer. If this letter is provided then the agency will not be handling the lawsuit and the employee is free to retain private counsel.
An employee may also request an immediate “right to sue” letter from the DFEH. This means that the employee is being given the right to bypass the process described above and proceed directly to litigation against their company. Many people may wish to do this, especially in cases involving disability discrimination, as the administrative process can be slow, time consuming, and inefficient. Employees should consult an employment law attorney prior to contacting the DFEH. Counsel will help you to understand your options and will work to help you determine the best course of action.
Our Santa Ana employment law attorneys assist Orange County workers with disability discrimination cases
Contact our Santa Ana employment law attorneys assist those who have been discriminated against due to a disability. We will use your initial consultation to help you understand whether you have a case and to weigh your options. If necessary, Glen Duvel will assist you in obtaining a right to sue letter and will quickly bring a case against your employer. We understand that few things are as serious as one’s job and perhaps nothing is more insulting than being discriminated against. Contact our office today to speak with a lawyer. We also service the Orange County areas of Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Tustin, Westminster, and Yorba Linda.