A California employee who is filing a workplace racial discrimination lawsuit may do so under a federal statute commonly referred to as Section 1981 or under Title VII of the Civil Rights Act of 1964. It is important to understand the difference between the two. For example, to file a claim under Title VII, it is necessary to first go through the Equal Employment Opportunity Commission. Once administrative remedies through the EEOC have been exhausted, a lawsuit can be filed. Under Section 1981, it is not necessary to file a claim with the EEOC first.
Quitting a job raises legal bar for winning discrimination claim
California employees who are contemplating leaving their jobs due to harassment or discrimination should understand the different views that courts take of hostile work environments and constructive discharge claims. In general, a hostile work environment arises when an employee in a protected class experiences discrimination or harassment. A constructive discharge describes an employee leaving a job because the unfair treatment has become unbearable. The Supreme Court of the United States defines it as an act that a reasonable person would consider necessary to escape an unendurable situation.
