What mistakes can harm a Palos Verdes Estates workplace discrimination claim?
Ignoring discriminatory actions or waiting too long to report them often weakens a workplace discrimination claim. Many employees hesitate, but documenting unfair treatment as it happens strengthens your position later.
Another common mistake is failing to understand the specific legal deadlines that apply to your situation, which can vary depending on whether you're filing a complaint with an administrative agency or a lawsuit in court. Acting quickly helps protect your rights.
What deadlines apply to a workplace discrimination case?
Most California personal injury and wrongful death claims must be filed within two years (Cal. Code Civ. Proc. § 335.1). However, workplace discrimination claims often involve different and much shorter deadlines, sometimes as little as 180 days to file a complaint with a state or federal agency before you can file a lawsuit. If your claim involves a public entity, like the City of Palos Verdes Estates, a formal claim must be presented within six months (Cal. Gov. Code § 911.2) before you can sue them.
The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act. Because these deadlines are strict and complex, confirming them with an attorney for your specific facts is crucial.
California law allows recovery for several types of damages if you experience workplace discrimination. This includes lost wages and benefits you would have earned, compensation for emotional distress, and in some cases, punitive damages to punish the employer for egregious conduct. What your specific claim is worth depends on the individual facts of your case.
What kinds of workplace discrimination does California law cover?
California law broadly protects workers from discrimination based on protected characteristics like age, race, gender, sexual orientation, religion, disability, national origin, and marital status. This protection extends to all aspects of employment, from hiring and firing to promotions, pay, and workplace assignments. Unfair treatment based on any of these protected traits can be considered discrimination.
Retaliation against an employee who reports discrimination or participates in an investigation is also illegal. If you believe your employer has taken adverse action against you because you spoke up, California law offers specific protections against such retaliatory acts. You can learn more about these protections on our Palos Verdes Estates retaliation and whistleblowing page.
Where would a workplace discrimination claim from Palos Verdes Estates be filed?
A workplace discrimination lawsuit originating in Palos Verdes Estates would generally be filed in the Superior Court of California, County of Los Angeles. For incidents within Palos Verdes Estates, the appropriate courthouse is the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503. In Los Angeles County, a case is filed in the judicial district where the incident occurred and is then 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).
Before a lawsuit can be filed in court, most workplace discrimination cases require a complaint to be filed with an administrative agency like the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). This administrative step is a mandatory prerequisite for many employment law claims.
What should you do after experiencing workplace discrimination?
- Document everything: Keep detailed records of discriminatory incidents, including dates, times, locations, names of individuals involved, and what was said or done. Save any emails, texts, or performance reviews that support your claim.
- Report internally: Follow your company's policy for reporting discrimination. This usually involves informing HR or a manager. Keep a record of your report and any response you receive.
- Do not quit your job: While discrimination can make work unbearable, resigning without legal advice could impact your claim. Your employer might argue you left voluntarily, reducing potential damages.
- Seek medical or psychological care: Discrimination can cause significant emotional distress. Seeing a doctor or therapist can document the harm you've suffered and provide support.
- Consult an attorney: Speak with an employment lawyer who understands California law and these complex deadlines. They can evaluate your case, explain your options, and help you decide the best path forward. For a broad overview of your rights, visit our main workplace discrimination hub.
How does Casa Legal Los Angeles help with workplace discrimination claims?
We start by listening to your experience and assessing the details of your workplace discrimination situation. Our goal is to understand the full scope of the discrimination you faced and explain your legal rights and options under California law. We can assist with filing complaints with the appropriate administrative agencies and, if necessary, pursuing a lawsuit in the Los Angeles County Superior Court.
Our firm handles various workplace issues, including wrongful termination, harassment, and wage disputes. We concentrate solely on personal injury and employment law, fighting for the full compensation available to you. For instance, employees in nearby Bell and Baldwin Park often face similar challenges, and our approach remains consistent across Los Angeles County.
Frequently Asked Questions
What is the California Civil Rights Department?
The California Civil Rights Department (CRD) is the state agency responsible for enforcing California's civil rights laws, including the Fair Employment and Housing Act (FEHA). Before filing most workplace discrimination lawsuits in California, you must first file a complaint with the CRD and obtain a "right-to-sue" notice.
How long do I have to file a discrimination complaint with the CRD?
Generally, you must file a complaint with the California Civil Rights Department (CRD) within one year from the date of the last discriminatory act. There are limited exceptions to this deadline, so acting promptly is crucial to preserve your rights. Missing this deadline can prevent you from pursuing your claim.
Can I be fired for reporting discrimination in Palos Verdes Estates?
No, California law prohibits employers from retaliating against employees for reporting workplace discrimination or harassment. This protection applies even if your initial complaint does not ultimately lead to a finding of discrimination. If you are fired or face other negative actions after making a report, you may have a separate claim for retaliation. Our attorneys also handle employee rights issues in Palos Verdes Estates.
Does my company have to be a certain size for discrimination laws to apply?
In California, many workplace discrimination laws, including the Fair Employment and Housing Act (FEHA), apply to employers with five or more employees. However, other laws, like those prohibiting harassment, can apply even to smaller businesses with just one employee. It is always best to consult with an attorney to understand which laws apply to your specific situation.
Experiencing workplace discrimination in Palos Verdes Estates can be isolating, but you don't have to face it alone. Call us at 888-585-2529 for a confidential discussion about your situation. No attorney's fees unless we win — and no case costs either.