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Process of Filing a Race Discrimination Complaint in California

By Edited Feb 10, 2014 0 0

Even though federal and state employment laws are implemented in the State of California to put an end to racial discrimination, some employers still do not respect the value of equality.

Under the Title VII of the Civil Rights Act of 1964, it is unlawful for employers to discriminate against any applicant or employee because of his or her color and race with respect to hiring, training, job compensation, termination, or any other condition related to employment.

In California, Title VII is not the only statute that prohibits racial discrimination in workplaces. The Fair Housing and Employment Act (FEHA) also protects employees working in the State of California. FEHA protects California-based employees and job applicants by:

•    Prohibiting employers to discriminate against any applicant or employee because of race, sex, religion, and nation of origin in all aspects of employment
•    Instructing employers to prevent harassment of employees or applicants in places of work
•    Requiring employment agencies to serve all job applicants equally, and to refuse discriminatory job orders

A California employee or applicant who believes that he or she had been a victim of racial discrimination at employment  may file a complaint with the DFEH.

If you are planning to file for employment racial discrimination claim with DFEH, here are the steps you should expect to take:

Interview
You will be interviewed by a consultant to acquire facts about the alleged discriminatory acts done by your employer.

Filing of complaint
After the preliminary interview, the consultant will then draft a formal complaint. Once the complaint is accepted for investigation, it will be submitted to the United States Equal Employment Opportunity Commission (EEOC).

Investigation
The DFEH will investigate your claim, issue subpoenas and interrogatories, and take depositions.

Conciliation
Formal conciliation conferences will be scheduled by the District Administrator when the investigation findings show a violation of the law. During conciliation conference, the department will present information supporting its belief that there had been a violation of employment rights.

Litigation
The DFEH may litigate the claim in a public hearing before the Fair Employment and Housing Commission (FEHC).

Remedies
The FEHC may grant or order reinstatement, back pay, training, policy changes, and administrative fines.

Employees who experience racial discrimination at work should consult with a Los Angeles labor lawyer to rightfully assert for legal actions.  Meanwhile, employers should treat employees and applicants equally to ensure the growth of their business and to preserve employment equality in the workplace.

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