To convince the court they have a solid case, the party filing the employment lawsuit in California must make specific legal claims. If you are a victim of discrimination at work, you might sue for the following:
- Violation of the Fair Employment and Housing Act
- Wrongful termination
- Retaliation
- Other unlawful employment actions rooted in unfair treatment
Your case will be handled and judged depending on what you're suing your employer for. The evidence and the process will change depending on the cause of action pursued.
Let's look at how discrimination claims are handled and proven, as experienced by prescreened California discrimination lawyers.
Building A Strong Case For Employment Discrimination In California
Discrimination, in general, is illegal in California employment law. Your protected characteristics should be linked to whether you were fired, retaliated against, or harassed. These protected characteristics include:
If you're unsure whether your case fits that discrimination claim, consider consulting a prescreened California employment law attorney to help review your current situation.
You must state specific facts in your case that, if proven, would satisfy each requirement of the causes of action you are claiming.
What You Need To Prove In California Discrimination Claims
In lawsuits alleging discrimination in California, the plaintiff must show the following:
- You are suing an employer who is or previously employed you.
- You were subjected to an adverse employment action by the employer. (For example, you were fired, harassed, or not hired.)
- Your protected trait was a major driving force for the employer's unfavorable conduct.
- You suffered damages due to the discrimination (i.e., loss of income, employment, emotional distress, etc.)
However, the protected trait need not be the main driving force behind the employer's choice to retaliate against the worker. For instance, an employer might be motivated partly by the employee's subpar performance and partly by a protected characteristic.
Nevertheless, if the employee's protected trait constituted a significant factor in the employer's decision to take an adverse action, the employer would still be held accountable for discrimination.
It would be best if you considered contacting a Los Angeles discrimination lawyer for the best outcome. Your California employment attorney can help you gather proof and build a solid claim to ensure a successful claim.
Is There A Deadline To File Claims In California Employment Law?
Employees who have experienced workplace discrimination cannot remain passive. You lose the chance to file employment claims if you wait too long.
If you wish to assert your rights, you have a one-year deadline under DFEH. This one-year window starts the day the illegal employment action occurred.
The DFEH frequently sends out a right-to-sue letter. After receiving the right-to-sue letter, the employee has one year to file a civil action in court.
However, it's important to note that employees who desire to make federal claims or other claims can be subject to a different or shorter statute of limitations. So, if you think your rights may have been infringed, it's crucial to contact an employment lawyer in California ASAP.
Find The Best Workplace Discrimination Lawyers In California Near Me
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