What Is the Statute of Limitations to File a Sexual Orientation Discrimination Lawsuit?
Have you ever been victimized in your place of work because of your sexual orientation? Does your employer call you by derogatory names? Does your boss make inappropriate sexual gestures? Have you been denied opportunities because of your sexual orientation? If you can answer yes to any of the questions above, you might be the victim of discrimination based on your sexual orientation. Discrimination based on your sexual orientation is likely causing you mental and emotional distress. Have you considered taking legal action against your employer? Many people consider taking legal action against their boss for sexual orientation discrimination; however, victims of discrimination often allow too much time to pass before they file a claim. Because of this, many victims of sexual orientation discrimination in the workplace lose the right to sue. If you are unfamiliar with the California Statute of limitations for gay and lesbian discrimination cases, you must read the following sections and promptly contact a law firm that can help you file a lawsuit for sexual orientation workplace discrimination.
California Employment Attorneys Group is a law firm dedicated to serving victimized employees all over California. Our law firm offers legal assistance to victimized employees in Los Angeles, Fresno, Bakersfield, Modesto, Stockton, Tulare County, Visalia, Corona, Riverside, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, and San Diego. No matter where you work, our lawyers can help you file a lawsuit against your employer. The following sections are expected to provide you with information to give you a general understanding of sexual orientation discrimination in the workplace and the statute of limitations that applies to your case. You should not use the information below in place of a consultation from an experienced workplace sexual orientation discrimination attorney at California Employment Attorneys Group. You should contact our law firm as soon as possible to meet with an attorney and get case-specific information right away.
Statute of Limitation and Exceptions
What is a statute of limitations? A statute of limitations is a time limit placed on possible claims. The purpose of these time limits is to prevent plaintiffs from sitting on their claims for too long. Rather, a statute of limitations is designed to protect a defendant from facing a lawsuit an unreasonable amount of years after the incident behind the claims. Why does time before filing a claim matter so much? If a plaintiff waits many years to file a claim, it is likely that the defendant might have lost the evidence necessary to disprove the claim—leaving the defendant with no chance of defense.
The time frame applied to each case varies depending on the type of claim being pursued. Additionally, there are many exceptions that might apply to your case and your statute of limitations. Because of this, it is vital to speak to an attorney as soon as possible to establish the statute of limitations that applies to your case as well as the exceptions, if any.
Below, you will find a few examples of exceptions to the statute of limitations that might apply to your case:
- If the defendant leaves the state for any amount of time during the statute of limitations, the total amount of time that he or she was out of state will be added to the end of the original statute of limitations. The statute of limitations will not be extended if the plaintiff is out of state.
- If the plaintiff is a minor at the time of the incident, the statute of limitations will not start until the plaintiff turns eighteen-years-old or until the plaintiff is legally emancipated.
- If the plaintiff is mentally incompetent or disabled at the time of the incident, the statute of limitations is paused for as long as the plaintiff remains mentally incompetent or disabled.
- If the plaintiff dies before the statute of limitations is over, the claim must be submitted within six months of the plaintiff’s death or within the original statute of limitations—whichever comes later. It is important to note that if the plaintiff, for example, dies one month before the original statute of limitations is over, the claim could be filed six months after death, or five months after the expiration of the original statute of limitations. If the plaintiff, for example, dies with a year remaining in the original statute of limitation, the claim must be filed within that year.
- If the defendant dies before the statute of limitations is over, the remaining time in the original statute of limitations is disregarded, and the claim must be filed within one year of the defendant’s death.
There are many exceptions that might apply to the statute of limitations on your case; therefore, you must seek immediate legal assistance for information on the time limit that applies to your case.
Statute of Limitations for Workplace Sexual Orientation Discrimination
Sexual orientation is a protected status both on federal and state levels. Because of this, a victim of workplace sexual orientation discrimination has a few options regarding taking legal action. Likewise, these different options come with varying time limits that must be followed. Below, you will find the time frames in which a victim of workplace sexual orientation discrimination should file their claims depending on the route taken:
- Equal Employment Opportunity Commission (EEOC)—this is the federal agency that oversees employment laws and handles all employee complaints. A victim must file a claim with the EEOC within 300 days of the last incident.
- Department of Fair Employment and Housing (DFEH)—this is the California state agency that oversees employment laws and handles all employee complaints. A victim must file a claim with the DFEH within one year of the last incident.
If you are not interested in filing complaints with the federal or state agencies mentioned above, you might be interested in filing an independent lawsuit against your employer. You will need to immediately contact a workplace discrimination attorney to find out about the deadline to sue in California for homosexuality discrimination claims. Because there is not a specific cause of action for discrimination claims, many attorneys advise their clients to pursue either negligence or intentional infliction of emotional distress as claims. These claims are subject to the standard two-year statute of limitations. For more information on the time limit in California to file a lawsuit against your employer for sexual orientation discrimination, you must contact California Employment Attorneys Group as soon as possible.
California Employment Attorneys Group
California Employment Attorneys Group is a law firm focused on helping employees that are being victimized in their workplace. Our law firm is available to many employees all over California California Employment Attorneys Group practices in Los Angeles, Fresno, Bakersfield, Modesto, Stockton, Tulare County, Visalia, Corona, Riverside, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, and San Diego. No matter where in California you work, we guarantee that you will have access to our legal assistance. No employee should be the victim of workplace discrimination based on sexual orientation. If you have been the victim of sexual orientation discrimination in your workplace, you have the right to take action. It does not matter if you are gay, lesbian, transgender, or if you identify yourself as a member of the LGBT community; if you were discriminated against by an employer, California Employment Attorneys Group can help you exercise your rights and file a lawsuit against your boss. Remember, you must look for legal assistance as soon as possible for information on the statute of limitations for sexual orientation discrimination lawsuits in California. If you do not immediately get information on the timeline to sue for discrimination, you might lose your right to file a lawsuit.
California Employment Attorneys Group understands the mental and emotional stress that accompanies being discriminated against because of being homosexual. Whether you are lesbian, gay, bisexual, or transgender, you will likely try to avoid additional stress in your life. When people think of starting the legal process, the first thing that comes to mind is usually the hassle associated with dealing with law firms and layers. However, California Employment Attorneys Group is dedicated to making the legal process as easy as possible for the victims of discrimination based on sexual orientation. Our law firm facilitates the legal process by offering free consultations and free second opinions. During your free consultation, you can expect a gay employee discrimination attorney to answer all of your questions and address all of your concerns. Our sexual orientation discrimination attorneys will ensure you have all the information necessary to file a lawsuit, including information on how much time you have to sue your employer. If you already have an attorney with another law firm, you might be interested in how you could benefit from a free second opinion. Before deciding to contact our law firm for a free second opinion, you might want to reflect on your experience with your current attorney. Did you feel rushed at any moment during consultations? Did your current attorney leave you with unanswered questions? Unfortunately, many attorneys rush through consultations and entire cases because they are only interested in the number of cases they can see per day. Because of this, they often overlook and neglect important pieces of information that can affect the outcome of a case. Attorneys who rush through cases and fail to give you every relevant detail are incompetent—do not risk the outcome of your case on the incompetence of your current attorney. You must contact California Employment Attorneys Group as soon as possible to get all the information necessary to file a workplace sexual orientation discrimination lawsuit. Our attorneys will give you and your case as much time as necessary to ensure we cover every angle of your case. If you want to win your lawsuit claiming workplace discrimination based on sexual orientation, you must immediately contact California Employment Attorneys Group.
California Employment Attorneys Group offers all clients a Zero-Fee guarantee that ensures that clients will never have to worry about paying for any upfront fees. Additionally, our law firm is strictly based on contingency—so clients will not have to pay anything until our skilled sexual orientation workplace discrimination attorneys win their lawsuits against the employers. You must contact California Employment Attorneys Group as soon as possible to schedule your free consultation or your free second opinion.