Statute of Limitations for Filing a Racial Discrimination Lawsuit in California?
Racial discrimination happens when an employer treats someone of a protected race differently than an unprotected race. When this occurs, that employee can file a lawsuit against their employer, but they must do so in a timely manner as a statute of limitations does exist in discrimination cases. The California Labor Law Employment Attorneys Group is here to make sure that you understand your rights, how long you have to file a discrimination lawsuit against your employer for racial discrimination, and how to proceed with the discrimination. Our Los Angeles attorneys are highly competent in proving discrimination and wrongful termination and if you believe that you are a victim of such incidents, our law firm would like to hear about it.
In the 21st century, there should really only be two things that an employer weighs when making an employment-based decision. Those two things are the qualifications that an employee has to do the job and their ability to perform the job functions – or the tasks that require that job to exist in the first place. For example, a clockmaker’s essential job function is to make and fix clocks with their hands. Without their hands, the clockmaker can’t do much of anything. Anything else is inconsequential.
Unfortunately, even in 2017, some employers wish to look beyond that and look at applicants and current employees through the binoculars of prejudice and racism. For centuries in the United States, it was completely legal for employers to discriminate based on race. If you were Black or Latino, an employer could choose not to hire you or even fire you just because of the color of your skin or physical characteristics that display the grand diversity of the human species. In 1964, after decades of tenacity and determination by civil rights heroes and heroines, Congress passed the Civil Rights Act which prohibited employers from discriminating against employees for such things like sex, country of origin, race, and much more. While it is against the law, racial discrimination still happens every single day. The California Labor Law Employment Attorneys Group is here to make sure that justice is served and you get the damages you are rightly merited. We help people understand their rights every single day and help them understand what steps are available to them and how long they have to take those steps if they wish to pursue legal action against their employer. Examples of such questions include:
- What’s the statute of limitations for racial discrimination in California?
- What is the deadline to sue my boss for racial discrimination in California?
- Is it possible to file a racial discrimination lawsuit against my boss?
- I want to hire a lawyer to sue my boss for racial discrimination. Is there a time limit?
- What are the time limits for filing a charge of discrimination?
Here’s what you need to know regarding the statute of limitations when it comes to racial discrimination in the State of California.
What Is a Statute of Limitations?
A statute of limitations is the amount of time that an individual has to file a lawsuit against another individual or company in order for it to be considered legitimate. You do not have infinite time to file a lawsuit for a crime that was committed against you. The statute of limitations that exist is not difficult to adhere to unless you do not know when your rights were or have been violated. In other words, if you do not file your lawsuit before the time limit expires, the claim is not legitimate. There are some crimes which are so terrible, like murder, that a statute of limitations does not exist. Racial discrimination does have a statute of limitations to which individuals must adhere in order for their claims to be legitimate.
What Is the Statute of Limitations for Racial Discrimination in California?
In order to file a lawsuit against your employer, you must first file a charge with an employment government agency. The Equal Employment Opportunity Commission (EEOC) is the federal employment agency with which you could file a charge. Under the EEOC, you have 180 calendar days to take action.
The state of California has its own laws which also make it illegal for employers to discriminate against employees based on race (and other things like sex, country of origin, religion, sexual orientation, age, disability, etc.). Because both federal and state laws prohibit discrimination, the statute of limitations, the deadline that an individual has to file a lawsuit, is extended to 300 calendar days from the day they first received their discrimination. But what if the discrimination is ongoing? If the discrimination has continued, then you have 300 days from the day you last received the discrimination.
How to File a Lawsuit Against an Employer for Racial Discrimination
If you believe that you have been discriminated against because of your race at work, you may have the grounds to file a discrimination lawsuit if you are still within the statute of limitations in the state of California.
Before you go and slap a lawsuit on your employer’s desk, you must first file a charge with an employment government agency. There are two which are available to you, the federal agency called the EEOC and the state of California’s DFEH. Both of these agencies work together and have something called a work-sharing agreement. So that means that whether you file one or the other, a duplicate copy is sent to the other agency. This is called dual filing and serves to avoid any double charges, but more importantly to protect your rights under both federal and state laws. Because federal law and California’s both make it illegal to discriminate based on race, the statute of limitations is extended. It is extended to 300 calendar days from the day you received your race discrimination. If the discrimination has been ongoing, then you have 300 days from the day you last received the race discrimination.
After the investigation, you may request a “right-to-sue” letter which then gives you the ability to sue our employer. Take note, however, that it is recommended you only request this letter once you and your attorney are ready to pursue further action as you only have 90 days to file a lawsuit from the day you receive the letter.
Free Consultation and Zero Fee Guarantee
The California Labor Law Employment Attorneys Group is here to make sure that justice is served. If you were discriminated against because of your race, we will aggressively pursue any damages to which you are rightfully entitled. We offer free consultation and a zero-fee guarantee; this means there’s no financial obligation or risk on your part because if we don’t prove your case to the courts, then you don’t pay for our services. Contact us today.