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Asked in San Francisco, CA Jan. 11, 2019 ,  2 answers Visitors: 122
Do I have to file with the EEOC or State Agency for discrimination or can I go straight to court?
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2 Answers

Anonymous
Reply

Posted on / Jan. 11, 2019 23:00:10

If the discrimination you faced is related to your membership in a protected class of people, such as race, national origin, color, age 40+, gender, disabled status, sexual preference or identity, religion, military status, etc., then you MUST file an administrative complaint and get a Right to Sue letter issued by that administrative agency before you can sue the employer for violation of the most common protective statutes like the California Fair Employment and Housing Act, or the federal Title VII, or the ADA or the ADEA. There are important deadlines that must be met to file these administrative complaints. For FEHA you must do file the administrative complaint with the Department of Fair Employment and Housing within one year of the act about which you wish to complaint. Under the federal statutes it is even shorter - 300 days (in California) to file with the EEOC.

There are some times you have to file in one place vs. the other, and there are important things you need to do and avoid doing at this stage. It is critically important that you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. It would be a big mistake to do this without trained legal help.

I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Anonymous
Reply

Posted on / Jan. 11, 2019 22:45:43

For discrimination claims, you have to file the administrative complaint first, and then get a right to sue letter. Ideally, you would get an employment attorney to assist you, but you don't have to.

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