Sacramento EEOC Claim Attorney
Fighting Back Against California Workplace Discrimination
Despite numerous federal and state laws prohibiting employers from discriminating
against employees, discrimination can and does occur at California workplaces.
When discrimination occurs, it may violate both federal and state laws.
Most violations of federal laws must first be brought to the attention
of the Equal Employment Opportunity Commission (EEOC). Only after the
EEOC has had an opportunity to investigate and resolve the complaint will
you be able to sue your employer directly for violating federal anti-discrimination laws.
Failing to file an EEOC claim before filing a discrimination lawsuit can
result in your lawsuit being dismissed without any resolution. This would
leave you without any remedies or relief for the discriminatory treatment
you suffered. It is important, therefore, to understand how the EEOC claim
Investigation from the EEOC & Department of Fair Employment and Housing (DFEH)
Where alleged discriminatory treatment violates both federal and state
laws, you can file a claim with the DFEH. The DFEH is California’s
equivalent of the EEOC and covers all employers located in the state.
If the DFEH believes the discriminatory behavior may also violate federal
laws in addition to state laws, the DFEH will contact the EEOC. You would
not need to file a separate claim with the EEOC if you file a claim with DFEH.
The Notice of Right to Sue
Once a claim is filed with the EEOC, the EEOC will investigate the merits
of the case. It may do so by speaking with you, talking with other witnesses,
obtaining a statement from your employer, and considering any other evidence
or information it deems relevant. During this investigatory stage, you
are not permitted to file a private discrimination lawsuit. Instead, you
must wait to obtain a Notice of Right to Sue, after which time you will
then be able to file a private discrimination lawsuit against your employer.
A Notice of Right to Sue may be obtained in one of two ways:
- The EEOC investigates the facts of your case and determines that there
is insufficient evidence to conclude that the alleged discrimination occurred.
Once the EEOC makes this finding, it will give you a Notice of Right to
Sue that will permit you to file a private discrimination lawsuit.
- If the EEOC believes discrimination did occur, it will attempt to mediate
an agreement between you and your employer. If the EEOC believes it cannot
foster an agreement between you and your employer, you will receive a
Notice of Right to Sue.
What Remedies Can I Receive?
A successful EEOC claim can result in you receiving various remedies depending
on your situation and needs. You may be given the job for which you were
denied and/or given back pay if you were unfairly demoted or passed over
for a promotion. You may also receive damages to compensate you for any
expenses you incurred as a result of the discrimination. Punitive damages
may be available to punish the private employer where he or she intentionally
discriminated against you (punitive damages are not recoverable from public
Do I Need a Northern California Discrimination Lawyer to File with the EEOC?
At the Law Offices of Gay Carroll-Haring, I am intimately familiar with
the requirements and procedures applicable to filing an EEOC claim. I
will help ensure that you follow the applicable procedures and guide you
as your EEOC claim works its way through the process. Let me protect your
rights and ensure that your right to bring a private discrimination lawsuit
Contact me at 916-443-3553 and speak with me about your case today.