EEOC Claim

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 process works.

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 employers).

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 is preserved.

Contact me at 916-443-3553 and speak with me about your case today.