What To Ask For In A Discrimination Settlement In California
You have the right to a workplace environment free from unlawful harassment, discrimination, and retaliation based on traits protected by the law as a California employee.
Your employer might be aware of California Discrimination Laws like the California Fair Employment and Housing Act or the Civil Rights Act of 1964. Still, it might not be willing to admit that the reasons it refused to hire you, demoted you, or fired you were actually motivated by discrimination.
As a result, even if you settle, your lawyer must meticulously prepare your case for trial. Prescreened California discrimination attorneys should be consulted if you require assistance with case preparation.
Can You Sue A Workplace For Discrimination In California?
Yes. Provided that you have a strong case, you can file claims against an employer who violated your rights. In this case, you'll have legal grounds to file employment claims if you are discriminated against because of your protected characteristics.
The "protected characteristics" include:
Like most legal claims, you can't just accuse the employer of discrimination. Instead, it would be best to build a strong case and put enough evidence to either compel defendants to a settlement or convince the judge you deserve damages.
To help you build a case, contact a prescreened California discrimination lawyer.
How Much Can I Get For A Discrimination Lawsuit In California?
So, you might be wondering: what's the average settlement for a discrimination lawsuit in California?
While there's no way to make an accurate discrimination lawsuit settlement calculator, California employment law attorneys calculate your damages by looking at the total economic and non-economic damages you incurred.
This means your total damages can vary from other plaintiffs. However, here's a list of damages to help you make an estimate:
Lost income. The salary/wage you lost due to the discriminatory action.
Lost benefits. This could include healthcare and so on.
Emotional distress. This is considered "intangible" damages, so it's much harder to prove.
Punitive damages. Only awarded in egregious cases, punitive damages are often awarded to plaintiffs to deter defendants (and other employers) from doing the same thing again.
Lost wages and other economic damages are much easier to prove. You only need to find receipts and documents, after all.
The real challenge is proving "intangible" damages like emotional distress. You need a solid case to ensure you get the compensation you deserve. Hence, always consult a California employment attorney before making crucial decisions about your discrimination claim.
How Long Do I Have To File A Discrimination Claim In California?
Since California Discrimination Laws are more comprehensive, the Equal Employment Opportunity Commission (EEOC) is the preferred agency to report to.
You have 300 days after the unlawful discriminatory action to file a report with them. Once your report comes in, the EEOC will decide whether to investigate it themselves or allow you to sue your employer.
Before you can sue, you and your California discrimination attorney must wait for a "Permission to Sue" from the agency. After which, you are free to go on with the process.
Find Prescreened California Discrimination Attorneys Near You!
1000Attorneys provides fast and easy lawyer referral services in California. Our agency is certified by the California State Bar, so we only give clients referrals to prescreened California discrimination lawyers.
This way, you know you're getting referred to trusted, experienced, and fitting lawyers. Click here for a FREE CASE REVIEW.