How Do I File A California Workplace Discrimination Lawsuit?

Updated: Jun 14

Learn About Workplace Discrimination in California and Know The Top 10 Questions On Filing A Lawsuit Against Your Employer

It is against labor laws for an employer in California to discriminate against a protected class of workers or applicants in California. It involves bias based on

  • race,

  • religion,

  • pregnancy,

  • gender, or

  • medical conditions.

Employees who are discriminated against will file a workplace discrimination claim seeking damages against the employer.

So, let's talk about relevant FAQs on discrimination, as often explained by the best discrimination lawyers in California.

Below, the following commonly asked questions about filing a workplace discrimination case in California are covered by our California workplace lawyers:

1. How do I file a California job discrimination lawsuit?

You usually have to first file your complaint with the Department of Equal Employment and Housing (DFEH) before you can file a case against an employer for employment discrimination in California. Normally, an employee or applicant is expected to first exhaust all administrative remedies. This could mean that before they can file a lawsuit, the employee needs to go through the DFEH complaint process.

Without needing to go through a thorough DFEH or EEOC investigation, you may request an automatic right to sue notification. However, if you request prompt notice of the right to sue, DFEH will not investigate your case. Alternatively, before bringing your case to court, you can also wait until the DFEH dismisses your case or finds no infringement.

According to the DFEH, it is only advisable to move directly to court without the DFEH 's inquiry if you have an attorney. Your California Employment Lawyer will have the right to contact your lawyer and file your complaint in the Superior Court of California, the county where the discrimination occurred, or another appropriate county.

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