When people experience discrimination at work, their first instinct is often to sue immediately. It’s understandable, given that workplace discrimination is illegal under both California and federal law. However, most employment discrimination cases do not usually begin with a lawsuit.
Even when you have proof of discrimination, it doesn’t automatically mean you can go straight to court and win your case. Here’s what you need to do to protect your rights.
Document what happened
Having detailed records of the discrimination you experienced is one of the most important steps to take. Save emails, text messages, performance reviews, disciplinary notices and any other documents connected to the issue. Clear documentation can help establish patterns of behavior and strengthen your claim.
Follow due process
In most cases, you must first file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) and obtain a “right-to-sue” notice before you can file a lawsuit in court.
You may also be required to exhaust internal administrative remedies offered by your employer before filing a workplace discrimination lawsuit. These remedies vary depending on your employer and the specifics of your case.
Take care with timing and deadlines
Employment discrimination claims are time sensitive. Missing filing deadlines with the CRD or EEOC or even filing a lawsuit can prevent you from pursuing your claim entirely. Even if your case is strong, the law requires action within specific time limits.
Understand your legal options
Not every discrimination claim follows the same path, and you may not even have to file a lawsuit. Some disputes may be resolved through negotiations or settlements, while others may require litigation. Seeking early professional legal support can help you make informed decisions about how to proceed.