Who pays my lost wages and emotional distress after workplace discrimination in Placentia?
Your employer pays for damages like lost wages, medical bills, and emotional distress when workplace discrimination violates California law. State and federal laws make employers responsible for harm caused by illegal discriminatory practices. California's Fair Employment and Housing Act (FEHA) protects employees in Placentia from discrimination based on various protected characteristics.
Where do you file a discrimination claim in Orange County?
A workplace discrimination lawsuit from Placentia is generally filed in the Superior Court of California, County of Orange. The courthouse where these cases proceed is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. This court hears claims against employers who operate within Orange County, ensuring local workers have access to justice.
What steps should you take if you face discrimination at work?
- 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, or internal communications.
- Report the discrimination internally. Follow your employer's internal complaint procedures, if they exist. Make sure to do this in writing and keep a copy of your complaint.
- Gather evidence. Collect performance reviews, job descriptions, pay stubs, and any other documents that show your qualifications, work history, and how you were treated compared to others.
- Seek medical or psychological support. Discrimination can take a heavy toll on your health. Document any therapy, counseling, or medical treatment you receive as a result of the emotional distress or physical symptoms caused by the discrimination.
- Consult an attorney. An attorney can explain your rights and the deadlines that apply to your claim, and help you understand how to pursue justice against your employer.
How long do you have to file a workplace discrimination lawsuit?
Most California workplace discrimination claims have a filing deadline of two years from the discriminatory act (Cal. Code Civ. Proc. § 335.1). However, before you can file a lawsuit, you must generally file an administrative complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). This administrative complaint usually has its own deadline, often one year from the last discriminatory act. Missing these deadlines can prevent you from pursuing your claim entirely. If your claim is against a city, county, or public agency, a written claim must be presented to that public entity within six months (Cal. Gov. Code § 911.2) before a lawsuit can be filed. 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.
California law allows recovery for several types of damages. These include back pay for lost wages and benefits, front pay for future lost earnings, compensation for emotional distress, and sometimes punitive damages to punish the employer for egregious conduct.
What kinds of workplace discrimination does California law prohibit?
California law prohibits employers from discriminating against employees in Placentia based on protected characteristics. These include race, religion, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), gender, gender identity, gender expression, age (40 and over), sexual orientation, veteran or military status, and political affiliations. This protection extends to all aspects of employment, from hiring and firing to promotions, pay, and benefits. For instance, an employer cannot refuse to hire someone in Placentia because of their age or terminate an employee due to their religious beliefs. If you have faced unequal treatment or harassment at your job because of one of these characteristics, you may have a claim. We also help workers in Placentia with related issues like retaliation for reporting discrimination and protecting their employee rights. Learn more about the protections under state law on our Workplace Discrimination hub.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, you bring your story, your documents, and your questions. We focus on listening carefully to your experience, explaining the laws that apply to your situation, and outlining your options. Our work involves investigating your claims, gathering evidence, negotiating with your employer or their attorneys, and representing you in administrative hearings or in court. We aim to ease your burden by handling the legal process so you can focus on yourself and your future. We are dedicated to advocating for the rights of employees across Southern California, including those in Placentia, as well as communities like Azusa and Baldwin Park. We work on a contingency fee basis, meaning you pay no attorney's fees unless we win — and no case costs either.
Frequently Asked Questions
What is the California Civil Rights Department (CRD)?
The California Civil Rights Department (CRD) is the state agency responsible for enforcing California's anti-discrimination laws, including the Fair Employment and Housing Act (FEHA). Before you can file a lawsuit for workplace discrimination in the Orange County Superior Court, you generally need to file an administrative complaint with the CRD. This complaint process allows the agency to investigate the alleged discrimination and, if appropriate, attempt to mediate a resolution.
Can my employer fire me for reporting discrimination?
No, California law prohibits employers from retaliating against an employee for reporting discrimination or participating in a discrimination investigation. If your employer takes negative action against you, such as firing you, demoting you, or reducing your pay, shortly after you report discrimination, that action may be illegal retaliation. Retaliation claims are separate from discrimination claims and carry their own legal protections. We also assist employees in Placentia with retaliation claims.
Does a small business in Placentia have to follow anti-discrimination laws?
California's Fair Employment and Housing Act (FEHA) generally applies to employers with five or more employees. However, the prohibition against harassment applies to all employers, regardless of size. This means even very small businesses in Placentia must take steps to prevent harassment and cannot discriminate against employees. Federal laws, such as Title VII of the Civil Rights Act, apply to employers with 15 or more employees.
What if I signed a severance agreement?
If you signed a severance agreement, it might affect your ability to pursue a discrimination claim. These agreements often include clauses where you give up certain legal rights in exchange for severance pay. However, depending on the terms of the agreement and the circumstances under which you signed it, it might not be legally binding, or it might not cover all types of claims. It is important to have any severance agreement reviewed by an attorney who understands severance law before you sign it, especially if you suspect discrimination.
Workplace discrimination is a serious matter with lasting impacts. If you are experiencing discrimination in Placentia, contact Casa Legal Los Angeles at 888-585-2529 for a conversation about your rights and options. No attorney's fees unless we win — and no case costs either.