Should I accept a severance package if I suspect workplace discrimination in Carson?
Accepting a severance package can waive your right to sue your employer for discrimination, so it is a decision to make carefully. Once you sign an agreement, it is often difficult or impossible to pursue a discrimination claim later. Before signing anything, it is smart to speak with an attorney who focuses on workplace discrimination.
Workplace discrimination happens when an employer treats an employee or job applicant unfavorably because of a protected characteristic. California law protects against discrimination based on age, race, religion, sex, gender identity, sexual orientation, disability, and many other factors. If you believe you have faced discrimination at your job in Carson, legal guidance can help you understand your options.
How long do you have to file a discrimination claim in Carson?
The time you have to file a workplace discrimination claim varies significantly, depending on the specific facts. Most California personal injury claims, including some types of workplace harm, must be filed within two years (Cal. Code Civ. Proc. § 335.1). However, many employment discrimination claims require filing an administrative complaint with an agency like the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) first, and these agencies have much shorter deadlines. For instance, you generally have one year from the date of the discriminatory act to file a complaint with the CRD.
If your claim involves a public entity, like the City of Carson, a county agency, or a public school district, you must present a written claim within six months (Cal. Gov. Code § 911.2) before you can file a lawsuit. The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352, but Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act. Deadlines can be complex and have exceptions, so confirm what applies to your own facts with an attorney.
What should you do after experiencing workplace discrimination?
- Document everything. Keep detailed records of discriminatory incidents, including dates, times, locations, who was involved, and what was said or done. Save any relevant emails, texts, performance reviews, or other documents.
- Review company policies. Look through your employer's anti-discrimination and harassment policies, as well as their internal complaint procedures. This information can often be found in an employee handbook.
- Report internally, if safe. If you feel safe doing so and your company has a clear procedure, report the discrimination to HR or a manager, following company policy. Be sure to keep a record of your report.
- Seek legal advice. Consult with a lawyer experienced in workplace discrimination claims. They can evaluate your situation, explain your rights, and help you understand the specific deadlines for filing with state or federal agencies.
- Do not quit prematurely. Leaving your job without a strategy can affect your claim. An attorney can advise you on the best course of action for your employment status.
Where do you file a discrimination lawsuit in Carson?
A workplace discrimination lawsuit involving an incident in Carson would generally be filed in the Superior Court of California, County of Los Angeles. Under Los Angeles County rules, a case like this is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024). For Carson, this means your lawsuit would likely be filed at the Compton Courthouse, located at 200 W Compton Blvd, Compton, CA 90220.
While the initial administrative complaint might be filed with a state or federal agency, a lawsuit proceeds through the local court system once those administrative steps are complete. Understanding the correct court to file in is an important procedural step in pursuing your claim in Carson.
What kinds of workplace discrimination does California law cover?
California's Fair Employment and Housing Act (FEHA) protects employees from discrimination based on a wide range of protected characteristics. These include race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, veteran or military status, and more. This protection extends to hiring, firing, promotion, compensation, and other terms and conditions of employment.
Discrimination can take many forms, including direct actions, harassment, or retaliation for reporting discrimination. For example, if you faced retaliation after reporting an issue, a lawyer focusing on retaliation and whistleblowing can help. Discrimination can also intersect with other employee rights issues; learn more about your general employee rights in Carson. Our firm focuses on workplace discrimination and other employment law matters, helping employees in Carson and nearby communities like Bell, Azusa, and Baldwin Park.
What does working with Casa Legal Los Angeles involve?
When you choose Casa Legal Los Angeles, you work with a legal team that understands the challenges you face. Our process begins with a detailed discussion of your experiences, allowing us to understand the discrimination you have encountered in your Carson workplace. We then explain the relevant laws and your legal options, outlining the steps involved in pursuing a claim.
Our approach prioritizes clear communication and robust advocacy. We gather evidence, interview witnesses, and handle all necessary filings with administrative agencies and the Los Angeles County courts. Our goal is to pursue the full compensation available under California law for your losses, which can include lost wages, emotional distress, and other damages allowed by law. Whether your case involves a single discriminatory event or a pattern of unfair treatment, we commit to fighting for your rights.
Frequently Asked Questions
What is the difference between harassment and discrimination?
Harassment is a form of discrimination that involves unwelcome conduct based on a protected characteristic, creating a hostile work environment or leading to adverse employment decisions. Discrimination broadly refers to unfavorable treatment or decisions based on a protected characteristic, which can include harassment but also other actions like wrongful termination, denial of promotion, or unequal pay.
Can I be fired for reporting discrimination?
No, California law prohibits employers from retaliating against an employee for reporting discrimination, participating in an investigation, or opposing discriminatory practices. Retaliation is illegal, and if you are fired or face other adverse actions after reporting discrimination, you may have a separate claim for retaliation.
Does my company's size affect my discrimination claim in Carson?
Yes, the size of your employer can affect which laws apply to your discrimination claim. For example, federal anti-discrimination laws like Title VII generally apply to employers with 15 or more employees, while California's FEHA applies to employers with five or more employees. Some specific protections, such as certain leave laws, might have different employee thresholds. An attorney can determine which laws apply to your situation based on your employer's size.
What kinds of damages can I recover in a discrimination lawsuit?
In a successful workplace discrimination lawsuit, you may recover various types of damages. These can include lost wages and benefits (back pay and front pay), emotional distress, and sometimes punitive damages if the employer's conduct was particularly egregious. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings and non-economic harm.
If you believe you are experiencing workplace discrimination in Carson, remember you don't have to face it alone. Contact Casa Legal Los Angeles at 888-585-2529 for a confidential discussion about your situation. No attorney's fees unless we win — and no case costs either.