The Rutten Law Firm, APC

The Rutten Law Firm, APC employment law attorneys

Call Today: 818-308-5945

Standing Strong For Employee Rights

Begin A Consultation

Filing an Employment Discrimination Complaint with the California Department of Fair Employment and Housing

If a California employee wishes to file a discrimination lawsuit against an employer, she/he must first file  a complaint with the California Department of Fair Employment & Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC) and obtain what's called a "right to sue" letter. This process is also known as "administrative exhaustion". The systems are now highly automated and charges can be filed online. The EEOC permits you to mail in a letter containing the following information:

  • Your name, address, and telephone number
  • The name, address and telephone number of the employer (or employment agency or union) you want to file charges against
  • The number of employees employed (if known)
  • When the events took place
  • A short description of the events you believe were discriminatory (ex., you were fired, demoted, harassed)
  • Why you believe you were discriminated against (ex., because of your race, color, religion, sex, national origin, age (40 or older), disability)
  • Your signature

DFEH v. EEOC

California employment laws provide at least the same amount and types of protection as federal employment laws, if not more. For example, the California FEHA protect a wider class of disabled people than the Americans with Disabilities Act (ADA) and applies to a broader set of employers. FEHA applies to employers with more than 5 employees, whereas federal laws apply to 15 employees. Regardless, know that California laws and in turn filing with the DFEH are generally better for employees. Also, the EEOC and DFEH have what is called a "work sharing agreement" under which a charge filed with one is deemed filed with the other. There are also filing deadlines. Employees generally must file with the DFEH no later than 1 year after the illegal action occurred, for the EEOC, the deadline is 180 days.

In any case, if you have been a victim of wrongful termination or unlawful workplace harassment, you should consult an attorney specialized in employment law.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Do You Have A Question
About Your Case?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Rutten Law Firm, APC

The Rutten Law Firm, APC employment law attorneys

Do you need help from an experienced attorney?

Contact us right now to schedule your consultation.

The Rutten Law Firm, APC
4221 Coldwater Canyon Avenue
Studio City, CA 91604

Phone: 818-308-5945
Studio City Office Location

Review Us