[CA] [CA] My discrimination claim against my employer was investigated and denied. How should I proceed?
I am experiencing employment discrimination at the college that I work for. I would like to pursue a lawsuit. My discrimination claim was investigated and denied. However, I feel strongly about the evidence that I have. How do I go about this?
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Here’s a quick summary of your next steps:
1. File an EEOC Complaint: Go to EEOC.gov to file your discrimination complaint.
2. EEOC Investigation: They’ll investigate and, if they find evidence, issue a Right-to-Sue letter.
3. File a Lawsuit: With that letter, you can hire an employment attorney and file your claim in court.
You can find a local attorney by contacting your county bar association for referrals or reaching out to Legal Aid or law school clinics, which often provide free or low-cost representation.
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I am experiencing employment discrimination at the college that I work for. I would like to pursue a lawsuit. My discrimination claim was investigated and denied. However, I feel strongly about the evidence that I have. How do I go about this?
Lexi, Chatbot
I’m sorry to hear about your experience with employment discrimination at your college. Have you already consulted with an employment lawyer regarding your situation?
No, not yet, but I plan to.
Lexi, Chatbot
Can you provide more details about the evidence you have to support your discrimination claim?
I have witness testimony that can support my claim for unequal and inequitable treatment compared to my white colleagues.
Lexi, Chatbot
Is there anything else the Employment Lawyer should know before I connect you? Rest assured they’ll be able to help with your discrimination claim.
Yes.
Charlie
Hello, my name is Charlie, and I’m a licensed attorney. Welcome to AskALawyer. I’m sorry you’re going through this situation, but I’m happy to assist you. Please allow me a moment to review your question.
Which state do you work in?
California.
Charlie
Understood. And how long have you worked for this employer?
Seven years.
Charlie
Have you made a complaint to HR about the discrimination?
Yes, I filed a discrimination complaint. They hired an outside investigator, and my union rep and other colleagues were stunned that the investigator found my claim lacked credibility.
Charlie
I’m sorry to hear that. How long has the discrimination been going on?
December 2023 to August 2024. In August 2024, I went on a 100% leave of absence to teach, leaving my hostile work environment. I filed my claim with HR as soon as I left. I’m still employed there and returning from my leave at the beginning of June.
Charlie
Got it. Did you file a complaint with the EEOC?
For the college, yes—as a faculty member—but not as staff, which my claim pertains to. I received my claim denial 2.5 weeks ago and am currently appealing to the board. I believe after the board I appeal to the EEOC, but honestly, I’m unsure how this process works.
Charlie
Understood. When you’re not satisfied with your employer’s investigation, the next step is to file with the EEOC (Equal Employment Opportunity Commission). The EEOC conducts its own investigation, and if they find discrimination, they’ll issue a Right-to-Sue letter. That letter allows you to file a lawsuit in court for compensation.
Okay! So I can’t sue before filing with the EEOC, correct? And if I’m appealing the denial, can I request work accommodations—like being moved to another department—or take another 100% leave of absence until this process is done? Does the college have to accommodate that?
Charlie
That’s correct—you cannot sue before filing with the EEOC. You can request to be transferred, but since this is not a disability claim, the employer is not required to accommodate such requests.
Charlie
Here’s a quick summary of your next steps:
1. File an EEOC Complaint: Go to EEOC.gov to file your discrimination complaint.
2. EEOC Investigation: They’ll investigate and, if they find evidence, issue a Right-to-Sue letter.
3. File a Lawsuit: With that letter, you can hire an employment attorney and file your claim in court.
You can find a local attorney by contacting your county bar association for referrals or reaching out to Legal Aid or law school clinics, which often provide free or low-cost representation.
Okay, thank you! Do I reach out to the EEOC directly, or do I go through my union rep?
Charlie
You can file directly yourself through the EEOC website—you don’t need to go through your union.
Do I have to wait until the college’s board makes a decision on my appeal before contacting the EEOC?
Charlie
No, you don’t have to wait. You can file with the EEOC now.
Okay, thank you for the clarification. I appreciate your help.
Charlie
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