How to File a Sex Discrimination Claim with the EEOC
Filing a sexual discrimination lawsuit against your employer is not a simple procedure. If you believe that you have experienced sex discrimination at work and want to pursue a claim against your employer for breaking the law, you need to follow a process. Do you know how to file a sex discrimination complaint? The California Employment Attorneys Group is here to help guide you through every step of the process and provide quality representation in court.
Employers only need to consider whether or not an employee or applicant is qualified to do the job at hand, and whether they can perform the essential job functions. If they use other characteristics to make employment-based decisions, they may be in violation of federal and state law. It is unlawful for employers to discriminate against employees based on things like race, national origin, religion, color, age, sexual orientation, and sex/gender. When employers use these markers to make decisions, it gives employees the right to file a discrimination lawsuit against their employers. For example, if the reason that you did not get the job was that you were a woman, your employer has discriminated against you and gives you grounds to file a lawsuit against them.
We at the California Employment Attorneys Group are here to help ensure that justice is served. We help represent clients who have been victim of sex discrimination and help them through the process of filing a sex discrimination lawsuit against their employer with the necessary employment government agencies.
What Is Sex Discrimination?
Sex discrimination occurs when an employee or applicant is treated differently or unfavorably than other employees/applicants solely because of their sex. If you have been dealt with differently in any aspect of employment, including interviewing, hiring, firing, starting salary, job responsibilities, or benefits, you have been victim of sex discrimination. It is unlawful for employers to discriminate against employees for their sex.
It is also considered sex discrimination if an employer makes employment decisions only because a female worker is pregnant, or intends to become pregnant.
If you have experienced discrimination, you may have the grounds to file a gender discrimination claim with the EEOC.
Filing a Sex Discrimination Charge With the Equal Employment Opportunity Commission
Before you slap a lawsuit against your employer, you first need to file a charge with an employment government agency. At the federal levels exists the Equal Employment Opportunity Commission (EEOC), and the Department of Fair Employment & Housing (DFEH) lies at the state level. You can file a sex discrimination claim by sending your charge to either of these agencies. The EEOC and the DFEH work in tandem, so they have something called a work-sharing agreement. What this means is that when you file a charge with one agency, a duplicate copy is created and sent to the other agency. This is called dual filing and serves to protect your rights under both state and federal laws best.
Under the EEOC, you have 180 days to file your charge from the day you experienced the sex discrimination. The deadline can be extended if both federal and state laws protect against discrimination on the same basis. Indeed the state of California has anti-discrimination laws which prohibit employers from discriminating against sex, and so that deadline is extended. The deadline to file a charge with either the EEOC or the DFEH is increased to 300 calendar days. If the discrimination is ongoing, then it is 300 calendar days from the day you last experienced the discrimination. Holidays and weekends count against you, but if the deadline falls on a holiday or weekend, then you have until the next business day to file your charge before the deadline. It is not recommended that you wait until the very last day as there may be some paperwork or small detail which you forgot to include in your charge.
Once you file your charge with the EEOC or the DFEH, they will launch an investigation into your sex discrimination allegation. During which time, it should be added, your employer, if you have not yet been wrongfully terminated, cannot discipline you in any way. They cannot fire, demote, or make work-life harder for you. If the agency determines that your rights were likely violated, you can then request the “right-to-sue” letter. This letter gives you the go-ahead to rightfully sue your employer and take them to court. It is recommended that you only request this letter once you and your attorney are ready to take your employer to court as you will only have 90 days to take action against the employer.
In order to file the charge, you can either walk into one of the EEOC offices or mail it in. Each office has its own procedure, so it is a good idea to call before you make the trip and ask about their appointment policy. It is always a good idea to bring any important documentation with you that will help the EEOC better understand your case. So, for example, if you were fired because you are pregnant, you may want to bring any evidence that indicates that pregnancy was the cause of your termination – like a performance review which states you have been doing your job adequately. The laws surrounding employment can seem like a labyrinth, so it is a good idea to bring your lawyer with you to ensure that you give the necessary information to the EEOC – you are free to bring anyone you want to your meeting with the agency.
If you want to send in your charge through the mail, please include the following information in your envelope:
- Your name, address, telephone number;
- The name, address, telephone number, and employer number of your employer you want to file a sex discrimination lawsuit against;
- Number of employees that work for the employer;
- A description of the events that took place and led you to believe they were discriminatory. For example, you could say that you were demoted because you are a woman; it is important to state the exact kind of discrimination you experienced: E.g., “sex discrimination;”
- When and where the events took place;
- Your signature – The EEOC cannot legally launch an investigation if they do not have your signature, don’t forget your signature!!
Contact Us for a Free Consultation
If you do not know how to file a sex discrimination complaint against your employer against your employer, it can be a complicated process. That is why you need a team of competent lawyers by your side. The California Employment Attorneys Group is here to help you get the justice that you deserve. We are aggressive attorneys who will pursue the maximum compensation that is possible for you. We offer free consultation and the zero-fee guarantee. This means that there is no financial obligation or risk on your part. If we do not prove your case, then you do not pay for our services. Give us a call today!