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How to File Employment Discrimination Claim

discrimination complaint
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Any type of discrimination in the work place is not condoned by federal and state government. There are various laws enacted to make sure that you are protected against these dastardly acts by employers who use their bias as means to get what they want from their employees. The California Fair Employment and Housing Act (FEHA) makes it illegal for an employer to discriminate against their employees on the basis of race, religious creed, color, age, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

If you feel that you are not being treated fairly at work and this is because of any of the above reasons, then you have a right to claim employment discrimination claims against your employer.

To date, even the “English Only Policy” (EOP) is being addressed in California. It is considered language discrimination for an employer to ban employees from speaking any other language except English at work, if the same is not required for the job or specific tasks required or related to work. If your employer heard you talking in Farsi, Filipino, Spanish or any other language and your employer harasses you or treats you differently or poorly because of it, then you should know that you are already discriminated against at work. In this case, you also have the right to file for discrimination damages against your erring employer.

As you can see, the laws protecting employees are ever evolving. It is therefore your obligation to know about your rights in order for you to better protect yourself and your employment at work. You should also be aware that discrimination can happen at any stage of your employment, from time of interviews and hiring up to termination of employment. In any of these stages if your interview, your professional relationship or your cessation from your employed is affected due to your age, race, sex, religion or the like, then you are a victim of employment discrimination.

There are direct and indirect ways where you are discriminated at work. Direct or overt violation of your rights against work place discrimination includes your being ridiculed because of your age or sex or religion, etc. On the other hand, if you are treated the same way at work but you are not given the same benefits, then you are still discriminated against at work although you are not being directly harassed or made fun of at work.

In any of the above instances, you should be aware that you have a right to file a case against your employer and there are different avenues where you can file your grievance.

n California, you can file discrimination claims against your employer with the state administrative agency, the California Department of Fair Employment and Housing (DFEH) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). If you are employed at work with between 5 and 14 employees you should file with the DFEH, as the EEOC enforces federal law which covers only employers with 15 or more employees. As you can see there are jurisdictional and technical rules that you need to consider in filing your claims. Hence, the best thing to do, if you are serious in obtaining the maximum compensation you deserve, if by seeking legal help from Top Employment Attorneys in California who have decades of experience and wealth of success in championing the causes of employee victims of discrimination at work.