You’ve taken a brave step as a victim of workplace discrimination in California and filed a complaint with the Civil Rights Department (CRD). It’s a bold move that says you’re ready to stand up for your rights, but you’re now probably wondering what happens after that.
Understanding the process ahead of time can help you feel more in control and prepared for what comes next. Here’s what you need to know.
The CRD will look into your case
Once you file a complaint, the CRD will first ensure the matter falls within its jurisdiction and your claim meets the filing requirements. An investigator will then be assigned to your case. Their job is to gather evidence, interview witnesses and review documentation from both you and your employer and determine whether there’s enough proof to support your claims of discrimination.
It’s worth noting that you can skip a lengthy CRD investigation and request an immediate right-to-sue letter after filing the complaint. This allows you to go to court directly.
Possible outcomes of the investigation
The CRD may find insufficient evidence to validate your claim and close your case. However, it’s not necessarily the end of the road. You may still receive a right-to-sue notice, allowing you to pursue your claim in court on your own.
However, if the investigation uncovers strong evidence of discrimination, the CRD may attempt to mediate a resolution between you and your employer. This could involve remedies such as back pay, reinstatement, or changes to workplace policies, depending on the specifics of your case.
In some cases, the CRD may decide to file a lawsuit against your employer. This is a more serious step and can lead to hearings where the employer is required to respond to the allegations.
Avoid these common pitfalls
For starters, don’t file a formal discrimination complaint without strong evidence. Not much may come of it. Secondly, there are strict deadlines involved in these cases. Miss one, and your claim could hit a wall. Lastly, don’t go it alone. Having someone who understands the nitty-gritty of California’s workplace discrimination laws can help you navigate the process with ease while safeguarding your interests.