The workplace should be an environment where your employers treat you fairly; unfortunately, this is not always the reality. Suing your employer for discrimination is a process that has its benefits and downsides. Being informed about the ins and outs of workplace discrimination lawsuits will give you the self-assurance you need to proceed. Our Sacramento employment law team tells you everything you need to know about the pros and cons of filing a discrimination lawsuit below.
How to Know When You are Being Discriminated
Most workplace discrimination is covert in nature. Employers are aware that workplace discrimination can lead to a lawsuit and take steps to make sure nothing discriminatory is set in writing. Employers also try to be subtle with their discriminatory speech. According to the California Fair Employment and Housing Act (DFEH), It is illegal for an employer to discriminate on the following basis;
- Creed, color,
- National origin
- Physical or mental disability
- Marital status
- Sex, gender, gender identity, gender expression, or sexual orientation,
- Military/veteran status
If you know you have been discriminated against on one of the bases mentioned above, you have grounds to file a lawsuit against the employer. Keep records and inventory any evidence of the discrimination experienced; this information can help prove your stance in court.
Exploring The Pros and Cons
Several benefits come from deciding to sue. Firstly, you can get the discrimination to stop. California Labor Code Section 1102.5 was explicitly enacted to prevent employers from retaliating against employees for asserting their rights. Putting a halt to the discriminatory and harassing behavior will create a safer workplace for yourself, your coworkers, and future employees. If you sue, you can obtain financial compensation for your endured discrimination. Getting monetary compensation is essential, particularly if the discrimination affected your finances by being forced to quit or denied a promotion.
Some downsides come with deciding to sue. Even though it is illegal for an employer to retaliate, there are sly ways they can give you a hard time. An employer can hold a magnifying glass over your work and overly scrutinize any mistakes you make. If you decide to leave the company, the employer may discredit you to employment prospects.
The pros outweigh the cons when it comes to filing discrimination lawsuits. An experienced legal team by your side can further remedy the cons that come from the case. A knowledgeable legal team will advocate for you and guide you through the lawsuit process.
Steps to Filing a Discrimination Lawsuit
In California, an employee or applicant is generally advised to file a complaint with the (DFEH) before filing a discrimination lawsuit. Bypassing this step and going straight to filing the lawsuit means the (DFEH) will not investigate the complaint. Proceeding directly to court without investigation by the (DFEH) is only advisable if an attorney represents you. An attorney can obtain a right to sue notice and file in California Superior Court.
You have one year from the date the discrimination occurred to file a complaint with the (DFEH) and one year to file a right to sue notice. Being proactive with your case and taking action as soon as possible is recommended.
Contact the Team at Law Office of Jeffrey D. Fulton
A vital step to take is consulting experienced legal guidance. At Law Office of Jeffrey D. Fulton, we can assist you in filing a lawsuit to hold your employer accountable for their actions and help you gain the compensation you deserve.
If you or a loved one is experiencing discrimination at the workplace, don’t hesitate to call our office today at to schedule your free consultation.