Sacramento FEHA Claim Attorney
Investigating Allegations of Discrimination in CA
When you are discriminated against in the workplace, it can be a shock
that such behavior could occur in the present day and age, making you
wonder where to go for help. Any California employment discrimination
attorney would direct you to the nearest office of the Department of Fair
Employment and Housing (DFEH). It is here that you can file a claim of
harassment against your employer, and DFEH is a necessary stop on your
journey to obtain compensation for the discrimination you experienced.
If you wish to eventually pursue a private discrimination lawsuit for your
employer’s activities, you must first file a claim with DFEH. Because
of this fact, it is highly beneficial to know what the DFEH claim process involves.
I’ve Filed My Claim with DFEH – Now What?
Once you file a claim with DFEH, the Department’s investigators will
begin looking into your allegations and determining whether unlawful discrimination
did in fact occur. They will do this by talking with you, your coworkers,
your employer, and anyone else they feel may have relevant information
to share. They may also review evidence such as video camera footage and
written statements and reports. An investigation may take up to one year
before it is completed.
If the DFEH determines that there is insufficient evidence to conclude
the alleged discrimination occurred, it will terminate its investigation
and involvement and give you a Notice of Right to Sue. This document enables
you to file a private discrimination lawsuit and seek damages and compensation
on your own.
If DFEH finds evidence that the alleged discrimination
did in fact occur, then DFEH may:
- Attempt to reach a settlement agreement with you and the California employer;
- If DFEH is unable to settle the case, it may give you a Notice of Right to Sue;
- DFEH may choose to file its own lawsuit against the employer;
- DFEH will give you most of whatever compensation it is able to obtain (minus
amounts designated for attorney’s fees and costs).
What Remedies Can I Expect from Filing a DFEH Claim in California?
A successful DFEH claim can result in you obtaining compensation for back
pay and other compensatory damages as well as court orders requiring the
employer to implement policy changes and to hire you, promote you, or
reinstate you at your previous position. Depending on the situation, you
may also be able to recover damages and compensation for emotional distress
and punitive damages (where the discrimination that occurred was intentionally done).
Because filing a claim with the DFEH is an integral part of the discrimination
lawsuit process, it is important that this step be completed in accordance
with the law. In addition, the DFEH rejects the vast majority of claims.
It is important that your DFEH claim be submitted property, and allege
all the proper bases for your claim. This is why it is best to have an
experienced plaintiff's employment attorney provide guidance to you
in properly preparing your claim.
The Law Offices of Gay Carroll-Haring has helped numerous California residents
protect their rights following an act of discrimination by filing a DFEH
claim and initiating a lawsuit in the event that DFEH declines to sue.
Contact me to learn how I can help guide you by calling 916-443-3553.