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Northern California Employment Law Attorneys
FEHA Claim

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.

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