This is the next post in our series on the handling of race discrimination cases involving Santa Ana, California employers. Our last article discussed what constitutes race discrimination in employment. It is important to understand that employers do not have to explicitly state that they are taking an action against someone due to their ethnicity. Simply implementing policies which impact one particular group may be enough to prove discriminatory intent. If you are an employee and feel your rights were violated then it is important to contact an attorney immediately. In this article we will discuss another important topic – the process of filing a case against Orange County employers. Contact our office today to speak with a lawyer.
We have previously discussed the process of filing a disability discrimination claim. Many of those same concepts apply to cases involving race discrimination. Before a case can be filed with the Court, employees must go through an administrative process with California’s Department of Fair Employment and Housing (DFEH). This process begins by filing a claim with that particular agency. They will investigate the claim and choose whether or not to take action on your behalf. Typically, the agency will choose to not take action and to give the victim a “right to sue” letter. This allows the victim to then take the employer to Court. If an employee bypasses this agency process, and attempts to immediately file a lawsuit, then the case will be dismissed as the employee did not “exhaust their administrative remedies.” Employees, however, may also request that the DFEH not handle the matter and that a right to sue letter be provided immediately. Going this route allows the worker to avoid the lengthy administrative process and to take the case straight to Court.
A worker who feels they have been discriminated against should begin the legal process immediately. An employee must file their claim, or obtain a right to sue letter, from the DFEH within one year of the last time which discrimination occurred. Failing to bring a claim within this time frame will result in the case being dismissed. By speaking with a lawyer sooner, rather than later, you help protect your chances that your case will be allowed to proceed through the process.
Contact our office today to speak with a Santa Ana race discrimination in employment attorney. Glen Duvel will use your initial consultation to determine whether you have a case against your employer and to help you understand the next step in the process. We will be in regular contact with you as your case moves forward and make ourselves available to answer any concerns you may have. We understand that you are facing a serious situation and we will take it seriously. We service all Orange County areas such as 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.