What is a South Pasadena workplace discrimination claim actually worth to me?
If you face discrimination at a South Pasadena workplace, your claim aims to recover financial losses and address the harm suffered. California law allows you to seek compensation for lost wages, benefits, and emotional distress caused by illegal discrimination.
The worth of your claim depends on specific details like how long the discrimination lasted, the wages you lost, and the emotional impact it had. A strong claim will document the discriminatory acts, show how they affected your employment, and detail the resulting damages.
How long do you have to file a workplace discrimination claim in California?
For most workplace discrimination claims in California, you must first file an administrative complaint with an agency like the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) within three years of the discriminatory act. After receiving a "right-to-sue" letter from the DFEH, you generally have one year to file a lawsuit in court.
Beyond these specific employment deadlines, most personal injury and wrongful death claims in California must be filed within two years (Cal. Code Civ. Proc. § 335.1). However, if your claim involves a public entity, like the City of South Pasadena or a public transit agency, you must present a written claim to that entity within six months of the incident (Cal. Gov. Code § 911.2) before you can file a lawsuit. These deadlines have exceptions that need to be confirmed with an attorney for your specific situation.
The deadline to file a lawsuit is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352). However, this pause does not apply to claims against public entities (Cal. Code Civ. Proc. § 352(b)), meaning the six-month government claim deadline still applies to minors.
What kinds of workplace discrimination does California law cover?
California law protects South Pasadena workers from discrimination based on many characteristics. The Fair Employment and Housing Act (FEHA) prohibits discrimination based on age (40 and over), ancestry, color, religious creed, disability (mental and physical, including HIV/AIDS), gender (including pregnancy, childbirth, breastfeeding, and related medical conditions), gender identity, gender expression, genetic information, marital status, medical condition, military and veteran status, national origin, race, sex (including sexual harassment), and sexual orientation. Discrimination can show up as unfair hiring, firing, promotion decisions, unequal pay, or creating a hostile work environment.
If you believe you have been treated unfairly at work because of one of these protected characteristics, you may have a claim. For example, if you were passed over for a promotion due to your age or faced harassment because of your gender identity, these could be forms of illegal discrimination. Our firm focuses on representing employees who have experienced such unlawful treatment, as well as those facing retaliation for reporting misconduct.
Discrimination claims often overlap with other employment law issues. For instance, if you were fired shortly after making a complaint about discrimination, that could be wrongful termination or retaliation. We also represent employees in matters relating to employee rights more broadly, ensuring workers are treated fairly under the law. Our firm's practice is concentrated on employment law, including protecting workers from various forms of injustice in the workplace.
Where does a South Pasadena workplace discrimination claim get filed?
If you decide to file a lawsuit for workplace discrimination that occurred in South Pasadena, your case will be heard in the Superior Court of California, County of Los Angeles. Under local court rules for Los Angeles County (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024), a personal injury case arising from an incident in South Pasadena is filed in the judicial district where the incident occurred. Your case would generally be assigned to the Northeast District, which includes the Pasadena Courthouse.
The Pasadena Courthouse is located at 300 E Walnut St, Pasadena, CA 91101. This is where your case would proceed through the Los Angeles County court system. This rule aims to keep cases in the geographic area where the events took place, making it more convenient for local parties and witnesses.
What should you do if you experience workplace discrimination?
Taking specific steps after experiencing discrimination can help protect your rights and strengthen any potential claim:
- Document Everything: Keep detailed records of discriminatory incidents. Note dates, times, locations, who was involved, what was said or done, and any witnesses. Save emails, texts, or other written communications.
- Gather Evidence: Collect any documents that support your claim, such as performance reviews, job descriptions, company policies, or communications related to your employment.
- Report Internally: Follow your company's internal complaint procedures. Report the discrimination to HR or a manager, as outlined in your employee handbook. Do this in writing if possible, and keep a copy of your report.
- Seek Medical Attention for Emotional Distress: If the discrimination has caused you emotional or psychological distress, see a doctor or mental health professional. This creates a record of the harm you've suffered.
- Do Not Quit Without Advice: Resigning can sometimes complicate your claim. If you feel you must leave, discuss it with an attorney first to understand the implications.
- Consult an Attorney: Speak with a California employment law attorney as soon as possible. They can evaluate your situation, advise you on your legal options, and help you understand important deadlines and the process for filing a claim.
What does working with Casa Legal Los Angeles involve?
When you work with our firm on a workplace discrimination claim, we start by listening carefully to your story. We gather all the facts, review your documentation, and help you understand the legal grounds for your claim under California law. We explain the process, from administrative filings with agencies like the DFEH or EEOC to potential litigation in the Los Angeles Superior Court.
Our team handles the complex paperwork, communicates with your employer or their legal counsel, and works to build a strong case reflecting the harm you've suffered. We aim to secure the compensation you deserve, covering lost wages, emotional distress, and any other damages allowed by law. Our firm represents clients across various surrounding communities, such as Azusa and Baldwin Park, bringing experienced advocacy to workers facing discrimination.
Frequently Asked Questions
What is the California Fair Employment and Housing Act (FEHA)?
The California Fair Employment and Housing Act (FEHA) is a state law that prohibits discrimination and harassment in employment and housing based on protected characteristics. For employment, FEHA protections cover discrimination based on categories such as race, religion, gender, sexual orientation, disability, and age. It also makes it illegal for employers to retaliate against an employee for asserting their rights under FEHA or participating in an investigation.
Can I be fired for reporting discrimination in South Pasadena?
No, California law protects employees from retaliation for reporting discrimination. If you report discrimination to your employer, HR, or a government agency, your employer cannot legally fire you, demote you, reduce your pay, or take other negative employment actions against you as a result. If you face adverse action after reporting discrimination, you may have a separate retaliation claim.
Do I need to report discrimination to my employer before I can sue?
Generally, yes. Under California's FEHA, you must typically file an administrative complaint with the Department of Fair Employment and Housing (DFEH) before you can file a lawsuit in court. This administrative step allows the DFEH to investigate or mediate the claim. After the DFEH processes your complaint and issues a "right-to-sue" letter, you can then proceed with a lawsuit in the Superior Court of California, County of Los Angeles.
How long do I have to file a discrimination claim with the DFEH?
In most cases, you must file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years from the date of the last discriminatory act. This deadline is critical, as missing it can prevent you from pursuing your claim. After filing with the DFEH and receiving a right-to-sue letter, you usually have one year to file a lawsuit in the appropriate court, such as the Pasadena Courthouse for claims arising in South Pasadena.
Facing workplace discrimination in South Pasadena is unfair, and you do not have to endure it alone. Contact Casa Legal Los Angeles today at 888-585-2529 for a confidential discussion about your situation. There are no attorney's fees unless we win your case — and no case costs either.