Discrimination Cases Alleging Retaliation
If you have been retaliated against for making a complaint of discrimination or harassment based on your race, religion, sex, sexual orientation, or other protected characteristic, or for supporting another employee making such a complaint, you might have a case for retaliation in violation of California’s Fair Employment and Housing Act. Before you can bring such a case in court, you must file an administrative complaint with California’s Department of Fair Housing and Employment (DFEH) and receive a right to sue letter. For cases brought under Federal Law, you must file your administrative complaint with the Equal Employment Opportunity Commission. The EEOC and the DFEH have work-sharing agreements, so by filing with the EEOC, you will automatically be deemed to have filed with the DFEH.
To file with the DFEH, you can visit their website at California Department of Fair Employment and Housing (DFEH) and follow the instructions. You must file the complaint for retaliation within one year of the retaliatory action. However, there are exceptions to this in situations where the retaliation takes many forms and continues over a period of time in an unbroken sequence of events. If you think you might have a claim for retaliation, you should contact DFEH immediately at 1-800-884-1684 (toll-free), or contact us. We will handle the preparation and filing of the DFEH complaint for you if we agree to represent you.
Cases involving violations of Title VII’s prohibitions against retaliation under federal law have an even shorter statute of limitations. For specifics of the procedures for filing a civil lawsuit in federal court under the Civil Rights Act, please visit the EEOC’s website at http://www.eeoc.gov/employees/charge.cfm.
Occupational Safety And Health
If you believe you have been retaliated against for bringing a complaint alleging violations of the health and safety laws, you may file a complaint with California Division of Labor Standards Enforcement (DLSE). The complaint must be filed within six months of the retaliatory action. However, you may be allowed to have more time if you can show good cause. If you believe you have a claim, you should contact the DLSE immediately, or contact an experienced lawyer with The Law Offices of Daniel Feder. For the forms you will need to file a complaint with the DLSE, you can visit their website as the DLSE has made their forms available on their web site in a variety of languages.
If you have been retaliated against for reporting or filing a worker’s compensation claim, you have the right to file a complaint with the California Division of Workers’ Compensation (DWC). The complaint must be filed within one year of the retaliatory action. We can complete the complaint with the DWC for you, so that you don’t make any mistakes, or otherwise compromise your case.
Next up: The Consequence of Silence