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Filing Employment Discrimination Claims

Fired because of Discrimination? How to File A Discrimination Claim

California is at-will employment state. This means that an employer can fire you for no reason. However, an employer can not fire you for illegal discrimination.

Illegal discrimination happens when you are fired because of your race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran; or military status of any person.

If you believe you have experienced illegal discrimination, these are the steps to file a discrimination claim:

  1. Put together all evidence in a file/folder (texts, emails, pictures, list of witnesses, social media posts, names and contact information for every person involved).

  2. You have two filing options: a. You can file with the California Department of Fair Employment and Housing (CDFEH); or b. You can file your claim directly in Court.

  3. Filling with CDFEH: a. File your claim on-line at the CDFEH’s website; or b. File your claim by mail by filling out this form; or c. You can file your claim by phone at 1-800-884-1684.

  4. Filing with the Court: a.You must first get the Right-to-Sue from CDFEH i. Create an account with CDFEH; ii. File the Right-to-Sue form using that account; iii. Once CDFEH certifies your Right-to-Sue, you can file your claim in Court. b.Choose the Court for your claim i. Follow all State court rules if you file in a State court; ii. Follow all Federal court rules if you file in Federal court; iii. Follow all local rules (each court has them, look at their individual website)

Being fired from your job can cause you a lot of emotional anguish, make you feel disoriented, and at times make you feel like you are alone. You are not. We have licensed lawyers ready to guide you through this process. You can call us at 510-281-3180 or reach us via our chat.

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