How to File Discrimination in the Workplace Complaint in California

It is understandable that certain California employees may not know the procedures involved in filling for an employment discrimination complaint with the Department of Fair Employment and Housing (DFEH). However, these days, when some California employers take hasty discriminatory employment actions, it is already a must to learn general details about pursuing a complaint with DFEH.

In California, employees’ rights against employment discrimination are protected under Fair Employment and Housing Act (FEHA). This Act bars employers to discriminate against workers and applicants based on their race, color, religion, sexual orientation, marital status, national origin, ancestry, disability, and age.

Experienced California attorneys always remind employees to learn the proper procedures in pursuing an employment discrimination complaint with DFEH. The following are the most basic steps in filing for a claim with DFEH:

1. File the complaint

Discrimination in the workplace claims must be filed within one year after the alleged discriminatory act. The complaint should include declaration of alleged discriminatory acts committed by the employer. Aggravated workers may contact DFEH’s Communication Center to properly address the claim.

2. Initial investigation                                                   

Upon receiving the complaint, DFEH representatives will conduct a preliminary investigation. During this stage, the Department will serve as an independent fact-finding body and as a mediator instead of taking side.

3. Settlement

After reviewing the claim, the Department will attempt to resolve the dispute by asking the both parties to come up with a settlement.

4. Further investigation

If no settlement is reached in the negotiation stage, DFEH will re-investigate the case. During this stage, DFEH may need to interview the respondent and witnesses, access records and documents that serve as evidence, inspect the workplace, and if needed, issue subpoenas. During this stage, it is highly recommended for complainants to get legal assistance from California attorneys to properly assert the case.