Where to File a Sexual Harassment Claim

Answer:

As an employment lawyer, we often talk to employees that have already filed a claim with either the EEOC or the state’s version of the EEOC called the DFEH. Sometimes those employees have just filed the claim and they’re within the process of an investigation by one of those two agencies. Sometimes the state agency or the federal agency has issued what’s called a right to sue, telling the employee that the case is closed and that they have a right to sue. Depending on whether or not the charge has been filed with the EEOC or the DFEH, it’s important to understand that there are time limits that are now commencing, and that you have to bring a lawsuit within a certain number of days. It’s important that, if you’ve gone to the EEOC, you have an attorney ready, willing, and able to take your case to make sure that you don’t miss any timelines. Once you have a right to sue for claims under the Fair Employment Housing Act – discrimination and retaliation based off of a protected class –then and only then can you file a claim in state court. It’s been our experience that in order for you to get the best results, it is important that you find an attorney that’s willing to file a claim on your behalf in state court. That includes having the expertise to properly exhaust with either the Department of Fair Employment and Housing, EEOC, or the applicable governmental agency, and also have the resources and expertise to make sure that that claim is properly filed in state court. It’s also important that you find a firm that doesn’t simply just send demand letters for a quick hit and a quick response, in which a lot of times you’re settling claims for pennies on the dollar. Find a firm that is willing to fight for you and has the expertise to fight for you, that has the resources to fight for you. Find a firm that has trial attorneys that are able to ultimately take the case to trial, if need be. Most cases settle, but, if your case doesn’t settle, you have to have confidence that your attorney can take it all the way. It’s important for you to find an attorney that can take the case from the very early stages, with the initial filing of the claim with the DFEH or the EEOC in order for you to get a proper right to sue, all the way up through trial. If you have any questions as to that process, or if you have any questions regarding your underlying plan, feel free to give me a call, and we can discuss any questions that you may have.