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Suing for employment discrimination without a DFEH investigation

| Jul 21, 2021 | Workplace Discrimination |

Most workplace discrimination lawsuits in California require a Department of Fair Employment and Housing investigation. However, these can sometimes be restrictive, or there may be another reason for not wanting to use this process. You can file your own lawsuit for employment discrimination as long as you have an attorney and a right-to-sue notice. There are a few things you need to start the process.

What information do you need before you sue?

It’s important to have all of the contact information you’ll need in one place before you file. The first thing you’ll need is the contact information and mailing address for the employer or person you’re filing against. In legal terms, this person would be known as the respondent.

Make sure that you have the contact information for all possible respondents. You’ll also need the contact information of the Agent for Service. This is the person who will be notified that you’ve obtained a right-to-sue notice. In most workplaces, this will be the human resource manager.

Important issues to consider

There are a few things to keep in mind as you’re filing your own workplace discrimination lawsuit against an employer. The biggest thing is that by filing your own lawsuit, you’re exercising your right to not have the Department of Fair Employment & Housing investigate your complaint. This means that your complaint won’t be filed with the Equal Employment Opportunity Commission. Instead, that process will be done manually with you and your lawyer.

You have exactly one year to file your lawsuit after obtaining a right-to-sue notice. If you do not file in that time period, you won’t have the ability to sue.

The biggest thing to take into consideration is that you need an attorney to file a lawsuit, so take care to choose an experienced professional. An attorney with a background in worker discrimination lawsuits may offer guidance through every step of the process.

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