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Investigation not needed before employment discrimination lawsuit

| Jun 22, 2021 | Workplace Discrimination |

Residents of Oakland and other areas of California may want to learn more about the fact that an investigation is not needed before you can file a lawsuit for discrimination. There is another path to take if you feel that there has been discrimination against you at your workplace.

According to the California Department of Fair Employment and Housing, you do not have to wait for the DFEH investigation process. However, it is advisable that you have an attorney to help you with the next steps.

To begin the lawsuit

To begin your lawsuit, you need to request a right-to-sue notice. You’ll need to have the following:

  • Contact information for employer you are suing
  • Contact information for additional people you are filing against
  • Contact information and mailing address for the “Agent for Service,” such as the manager of the human resources department

After the right-to-sue notice

File for a right-to-sue notice, which you can get online, after creating a free account. You can also download the printed form. Fill it out and return by mail to the department.

When you receive a right-to-sue notice, your complaint will not be investigated. Even if at a later time you decide not to sue, your complaint will not go through the investigation procedure by the DFEH.

Some considerations

You will need to know that there are some considerations if you choose to file a workplace discrimination lawsuit. They are the following:

  • You should have an attorney.
  • You have one year to file from the right-to-sue notice.
  • The DFEH will not file your complaint with EEOC; you must visit the EEOC website or call if you need a federal right to sue.

If you or a loved one has experienced workplace discrimination, it may be wise to contact an attorney with experience and knowledge of employment law. They may help protect your valuable rights and guide you through the process of filing a lawsuit.

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