Can I still file a workplace discrimination claim in San Marino if I waited?
You can still pursue a workplace discrimination claim in San Marino, but deadlines are strict and waiting can harm your case. Most claims under California's Fair Employment and Housing Act (FEHA) must be filed with the Civil Rights Department (CRD) within one year of the discriminatory act.
Missing this initial deadline can prevent you from bringing a lawsuit later. However, there are exceptions and situations where the deadline might be extended, so speaking with an attorney quickly is important.
Where do San Marino workplace discrimination cases get filed?
Workplace discrimination cases originating in San Marino, located in Los Angeles County, are generally filed with the Superior Court of California, County of Los Angeles. Specifically, cases are assigned to the judicial district where the incident occurred. For San Marino, this means cases are often heard at the Pasadena Courthouse located at 300 E Walnut St, Pasadena, CA 91101.
In Los Angeles County, a personal injury case (which many discrimination claims include related damages) is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department, per LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024. Claims against a public entity, like a city or county agency, follow different rules and deadlines, including a six-month initial claim presentation deadline.
What should I do after experiencing workplace discrimination?
- Document everything: Keep detailed records of dates, times, specific incidents, and the names of any witnesses. Save emails, texts, performance reviews, or other documents that support your account.
- Report the discrimination internally: Follow your company's established complaint procedures. This might involve speaking with HR, a supervisor, or another designated person. Keep a record of your report and any responses.
- Consult with an attorney: Seek legal advice from a California employment lawyer who understands workplace discrimination laws. They can help you understand your rights and the proper steps to take, including filing a claim with the California Civil Rights Department.
- Do not sign anything without review: If your employer offers you severance or asks you to sign any documents related to your departure or complaint, have an attorney review them first. Signing a document without understanding its terms could impact your ability to pursue a claim.
- Do not retaliate: Avoid engaging in any actions that could be perceived as retaliation against your employer or colleagues, even if you feel justified. California law protects you from retaliation for reporting discrimination, but your own actions could undermine your case.
How long do I have to file a workplace discrimination claim?
Most California workplace discrimination claims, often falling under the Fair Employment and Housing Act (FEHA), must first be filed with the Civil Rights Department (CRD) within one year of the discriminatory act. This one-year period can sometimes be extended under specific circumstances. If you are pursuing a claim for personal injury, the general deadline is two years from the date of injury (Cal. Code Civ. Proc. § 335.1).
However, if your claim is against a city, county, or other public agency, you must present a written claim to that public entity within six months of the incident (Cal. Gov. Code § 911.2) before you can file a lawsuit. 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 harm, including lost wages, emotional distress, and sometimes punitive damages, depending on the specific facts of your case. For more information about your rights as an employee, you can also visit our page on employee rights in San Marino.
What types of workplace discrimination cases does Casa Legal Los Angeles handle?
Our firm handles various workplace discrimination cases in San Marino and across Los Angeles. This includes discrimination based on age, gender, race, religion, national origin, disability, sexual orientation, and other protected characteristics under California and federal law. We also assist workers facing retaliation for reporting discrimination or participating in protected activities.
We work with individuals facing unfair treatment, wrongful termination, or other adverse employment actions because of who they are. Our practice is limited to personal injury and employment law, and we are committed to helping employees understand their rights and pursue justice. You can learn more about the broader scope of these protections on our Workplace Discrimination hub page.
What is it like to work with Casa Legal Los Angeles?
Working with Casa Legal Los Angeles means having legal representation focused on your rights. We start by listening to your story, understanding the details of your situation, and explaining your legal options in plain language. We handle the legal paperwork, investigations, and communications with your employer or their legal team.
Our goal is to hold responsible parties accountable and seek the compensation available to you under California law. We represent San Marino workers through every step of the process, from filing administrative complaints to litigation. We also offer guidance for executives and professionals facing employment issues, which you can find more about on our San Marino executive employment issues page.
Frequently Asked Questions
What is the California Civil Rights Department (CRD)?
The California Civil Rights Department (CRD), formerly known as the DFEH, is a state agency responsible for enforcing California's civil rights laws, including the Fair Employment and Housing Act (FEHA). Before you can file a lawsuit for most workplace discrimination claims in San Marino, you must first file a complaint with the CRD and receive a "right-to-sue" letter.
Can I be fired for reporting discrimination?
No, California law specifically prohibits employers from retaliating against employees for reporting discrimination, harassment, or for participating in an investigation into such complaints. If your employer takes adverse action against you, such as firing, demotion, or significant reduction in pay, shortly after you report discrimination, this may be considered illegal retaliation. This protection applies to workers in San Marino and throughout the state.
What damages can I recover in a discrimination lawsuit?
In a successful workplace discrimination lawsuit, you may recover various types of damages. These can include economic damages like lost wages, benefits, and front pay (future lost earnings), as well as non-economic damages for emotional distress, pain, and suffering. In some cases, punitive damages may also be awarded to punish an employer for particularly egregious conduct. What a claim is worth depends on the specific facts.
Does my company's size affect my ability to file a claim?
Yes, for some types of discrimination claims under California law, your employer must meet a certain employee threshold. For instance, the Fair Employment and Housing Act (FEHA) generally applies to employers with five or more employees for discrimination claims. However, harassment claims under FEHA apply to employers with one or more employees. An attorney can help determine if your San Marino employer falls under these rules.
If you believe you have experienced workplace discrimination in San Marino, contact Casa Legal Los Angeles today at 888-585-2529. No attorney's fees unless we win—and no case costs either.