Allred, Maroko & Goldberg Law regularly represents employees across California who have experienced unlawful discrimination at work. If you believe discrimination occurred, understanding how to properly file a workplace discrimination complaint is critical. California has strong anti-discrimination laws, but strict procedures and time limits apply. Filing incorrectly, or too late, can jeopardize your ability to pursue legal action.
This step-by-step guide explains how employees can file a discrimination complaint in California, what agencies are involved, and what to expect throughout the process.
What Counts as Workplace Discrimination in California
Workplace discrimination occurs when an employer treats an employee unfavorably because of a characteristic protected under state or federal laws. California law provides broader protection than many federal laws.
Protected characteristics include, but are not limited to:
- Age
- National origin
- Marital status
- Sexual orientation
- Gender identity and gender expression
- Physical or mental disability
- Medical condition
- Genetic information
- Veteran status
Unlawful discrimination can involve hiring, termination, promotion, pay, or job assignments.
California Laws That Protect Employees
California employees are protected under several key state and federal laws.
Important laws include:
- The Fair Employment and Housing Act
- The California Family Rights Act
- The Equal Pay Act
- Title VII of the Civil Rights Act
- Federal employment discrimination laws that apply nationwide
These anti-discrimination laws apply to most employers, although coverage may depend on the number of employees employed.
Step One: Document the Discriminatory Behavior
Before filing a formal complaint, employees should gather evidence showing discriminatory behavior. Documentation strengthens discrimination claims and supports the investigation.
Helpful evidence includes:
- Emails, text messages, or written communications
- Performance reviews
- Witness statements
- Notes detailing dates, times, and staff members involved
Clear documentation helps establish when the alleged discriminatory act occurred.
Step Two: Identify the Correct Agency
In California, discrimination complaints are typically filed with a state or federal agency. The correct agency depends on the nature of the discrimination and the size of the employer.
Common agencies include:
- The Civil Rights Department of California
- The Equal Employment Opportunity Commission
California has a work sharing agreement with the EEOC, meaning a charge filed with one agency may be shared with the other.
Step Three: Complete a Pre-Complaint Inquiry
Most employees begin the complaint process with a pre complaint inquiry. This is often done through an online inquiry or intake interview.
The inquiry gathers:
- Basic employment information
- Details of the discrimination complaint
- The type of discrimination alleged
This step allows the agency to determine whether it has jurisdiction.
Step Four: File a Formal Discrimination Complaint
After the inquiry, employees may file a formal complaint or file a charge with the appropriate agency.
A formal complaint must include:
- The employer’s information
- A description of how and when the discrimination occurred
- The protected characteristics involved
Many people file online, though filing by telephone or mail may also be available.
Step Five: Understand Filing Deadlines
Time limits are critical. In most cases, employees must file within three years of the last discriminatory act to file with the Civil Rights Department under California law. Federal employment discrimination claims may have shorter deadlines.
Missing a deadline can prevent you from pursuing legal action entirely.
Step Six: Agency Investigation
Once a charge is filed, and if the employee does not seek and obtain an immediate right to sue, the agency begins an investigation. The investigation may include:
- Requests for documents
- Interviews with employees and supervisors
- Requests for employer responses
Investigations can take months, depending on complexity.
Step Seven: Possible Outcomes of the Investigation
After the investigation, the agency may:
- Find insufficient evidence
- Attempt mediation or remedial action
- Issue a right to sue notice
A right to sue allows the employee to pursue legal action in court.
Administrative Exhaustion and the Right to Sue
California law generally requires administrative exhaustion before filing a lawsuit. This means completing the agency complaint process first.
This may be done by obtaining an immediate right to sue, or after the agency completes its investigation. Once a right to sue notice is issued, employees may pursue legal action seeking:
- Back pay and fair compensation
- Punitive damages
- Policy changes
- Other remedies allowed by law
Filing Under Federal Law vs. State Law
Some discrimination claims fall under federal laws, such as Title VII or the Americans with Disabilities Act. Federal laws apply alongside California law.
A federal agency may handle:
- Federal employment discrimination claims
- Claims involving employers operating across state lines
Understanding whether federal laws apply is important when filing.
Why Legal Representation Matters
The filing process can be complex. Errors in the complaint, missing deadlines, or incomplete information can weaken a case.
Legal representation helps employees:
- Determine the best agency
- Prepare a strong complaint
- Navigate investigations
- Pursue legal action if necessary
An experienced employment attorney can assess whether discrimination occurred and identify the strongest legal strategy.
Common Mistakes Employees Make
Employees often harm their own cases by:
- Waiting too long to file
- Failing to document discrimination
- Filing with the wrong agency
- Proceeding without legal guidance
Avoiding these mistakes can significantly improve the outcome.
When to Pursue Legal Action
If an investigation confirms discrimination or completes its investigation and a right to sue is issued, employees may pursue legal action in court. Lawsuits may address ongoing discrimination or damages already suffered.
Not every case resolves at the agency level. Many discrimination claims must proceed to litigation.
Protecting Your Rights as an Employee
California offers some of the strongest employee protections in the country, but those protections must be enforced properly. Filing a workplace discrimination complaint is often the first step toward accountability and change.
Speak With Allred, Maroko & Goldberg Law Today
If you believe you have experienced workplace discrimination, do not navigate the process alone. Allred, Maroko & Goldberg Law has extensive experience representing employees in complex discrimination claims throughout California.
Call Allred, Maroko & Goldberg Law at 323-746-1853 today for a free consultation and learn how to protect your rights and pursue the legal remedies you deserve.