The Statute of Limitations for Filing a Religious Discrimination Claim
It is unlawful for employers to discriminate against their employees because of the religion they practice. If you believe that you have been discriminated against because of your religion, you have the right to file a lawsuit against your employer. But you have act quick as there is a statute of limitations which restricts the time limit you have to sue your employer. The California Labor Law Employment Attorneys Group is here to represent you if you faced religious discrimination and it affected your job status.
It is unlawful for employees to act against their employees because of the religion they follow. This is known as religious discrimination. When employees are a victim of religious discrimination, they have a right to file a lawsuit and sue their employer for unlawful discrimination. Employees who are a victim of such discrimination, do not have all the time in the world. There are limitations to take legal action against nearly all crimes, so the employee must act before time runs out.
The California Labor Law Employment Attorneys Group is here to ensure that you understand your rights and how to file a lawsuit against your employer. Our team of experienced attorneys will guide you through every step of the way and let you know if there are any time restraints of the process. If you are a victim of religious discrimination and want to sue your employer, here are things you need to know regarding discrimination cases.
What Is Religious Discrimination?
Religious discrimination occurs when someone in an office treats an employee unfavorably because of their religious beliefs. The law not only protects those individuals who belong to common religions like Islam, Judaism, Buddhism, Hinduism, and Christianity, but also other religions which are not as mainstream.
It is unlawful for employers to discriminate against employees during any part of the employment process, including the interview process, hiring, firing, salary, job assignments, promotions, benefits, and all other terms and conditions of regular employment. For example, if you are up for a promotion but your employer believes that someone of your religion may not be the best fit for that position, you have been discriminated against and have a right to file a lawsuit against them.
What Is a Statute of Limitations?
Like food, most crimes have an expiration date against which action can be taken. This limit is called the “statute of limitations, ” and it’s the deadline that a victim has for filing a lawsuit against the accused. Lawsuits must be filled out and claimed within this time limit. So that means that, in general, all lawsuits must be filed within the statute of limitations, if time expires, the legal claim is not valid, and employees are not allowed to collect any compensatory damages.
The time that an employee has to file a lawsuit depends on the type of legal claim. In terms of religious discrimination, it can vary.
There exists the Equal Employment Opportunity Commission (EEOC) at the federal level and the Department of Fair Employment and Housing (DFEH). Under the EEOC, you have 180 days to file your charge against your employer. This statute of limitations can be extended if you live in a state which also makes it unlawful to discriminate.
In the state of California, employers are not allowed to discriminate against employees because of their religion. Both state and federal laws protect employees from religious discrimination, and so the statute of limitations for religious discrimination is extended to 300 calendar days from when you received the discrimination. If the discrimination was ongoing, then you have 300 days from the day you last experienced the discrimination or harassment. Weekends and holidays all count towards the statute of limitations, but if the deadline falls on a weekend or holiday, the deadline of your statute of limitations is pushed to the next business day. We highly advise against waiting until the very last day to file your charge as there could be some important paperwork you filled out incorrectly or missed.
In addition to these 300 days, you may also get an extra 90 days to take legal action. The extra 90 days comes from the “right-to-sue” letter you receive after the initial investigation of your charge with the government agency.
How to File a Lawsuit
In order to successfully file a lawsuit against your employer, you must first file a charge with a government employment agency. The agencies, against, are the EEOC at the federal level and the DFEH at the state level. Since both agencies protect your rights when it comes to religion, both agencies will protect your rights.
The two organizations have a work-sharing agreement because both bodies enforce the law anti-discrimination laws of the land. Work-sharing means that when you file a charge with one agency, a duplicate copy is made and sent to the other agency. This practice is known as “dual-filing” and is meant to protect your rights under both state and federal statutes, as well as to prevent double charges. As stated above, you have 300 calendar days to file your charge.
The government agency will then conduct an investigation based off of your claim. If they find that it was more likely than not that your employer discriminated against you, you can then request the “right-to-sue” letter. The right-to-sue letter gives you the right to push on with your claim and take legal action against your employer to sue them. As stated above, you only have 90 days to take action against your employer. It is recommended that you request this letter only when you and your attorney are ready to press full charges against your employer and go to court.
The California Labor Law Employment Attorneys Group is here to ensure that justice is served if your rights are infringed upon. If your employer has discriminated against your religion, you may have the right to take sue them and collect all compensation available to you. We offer free consultation and the zero-fee guarantee – there’s no financial obligation or risk on your part! Contact us today to see what we can do for you.