What Is the Statute of Limitations to File a Sex Discrimination Lawsuit?
Sex discrimination is unlawful in the workplace and gives employees the right to sue if they have experienced it, but employees are in a race against time as there exists a statute of limitations, or a time period, in all discrimination cases, including sexual discrimination. If you are a victim of sex discrimination and want to file a sex equality lawsuit against your employer, the California Employment Attorneys Group is here to represent you and get you the maximum compensation available to you. We will help beat the time limit for your employee sex discrimination claim.
When it comes to applicants and their employees, employers need to really focus on two factors. Those two factors are the applicant’s or employee’s qualification and their ability to perform the essential job functions. Many employers understand the laws and are good people, and so do not discriminate based on anything and give their employees equal treatment. Unfortunately, this does not apply to all employers. Some employers still hold on their personal biases and sexism it influences their employment decisions. Those employers see a woman applicant or employee and make assumptions about her ability to perform her occupational duties. Such assumptions are illegal for employers to make and is considered illegal sex discrimination and gives them the right to file a gender equality lawsuit. For example, an employer may think that his woman employee may split her time between work and her family and so will not give it her all at work. An employer cannot make such an assumption. Treating employee differently or unfavorably because of their sex is sex discrimination and gives the employee to file a lawsuit against the employer.
But employees do not have as much time as they want to take action if they are a victim of sex discrimination. A statute of limitations is a filing deadline and exists for all discrimination cases, and that means that the employer must file a case against their employer before this time expires for their case to be considered legitimate by the courts.
We at the California Employment Attorneys Group help people who experience sex discrimination in Los Angeles, California every single day. We help people get their lawsuit on track and help answer questions regarding any next steps. Examples of such questions include:
- What is the statute of limitations for filing a gender discrimination lawsuit?
- What is the time period for filing a workplace sex discrimination lawsuit?
- How long do I have to file a sexual discrimination lawsuit in California?
- What is the statute of limitations for filing an employment sex discrimination lawsuit?
- What is the filing deadline for workplace sex discrimination lawsuit in California?
- In California, how much time do you have to file a workplace gender discrimination lawsuit?
- What is the SOL for an occupational gender discrimination claim?
What Is Sexual Discrimination?
Sex discrimination occurs when an employer treats someone unfavorably or different because of their sex. It is unlawful for employers to discriminate against employees when it comes to any facet of employment, including interviewing, hiring, firing, starting salary, job responsibilities, benefits, assignments, and any other terms or conditions of employment. For example, an employer is not allowed to not promote an employee simply because they are a woman. If the woman is qualified and experienced for the promotion, the employer must consider her equally.
What Is “Statute of Limitations?”
Most crimes have a statute of limitations. The statute of limitations is a period that limits a person’s ability to file any sort of legal action against a perpetrator. In other words, it’s a time limit that most people have to file a lawsuit before it is no longer considered legitimate by the courts. Some crimes, like murder, for example, are so terrible that a statute of limitations does not exist. Crimes like sex/gender discrimination are not as bad as taking a life, and so a statute of limitations exists for people who have experienced sex discrimination and want to file a lawsuit against their employer.
For example, if you experience sex discrimination and you want to file a lawsuit against your employer you have a certain time limit to file the lawsuit. If the time expires, the courts will not deem it legitimate, and you will have no case.
What Is the Statute of Limitations to File a Lawsuit for Sex Discrimination in the Workplace?
In order to file a lawsuit against your employer for gender discrimination, you must first file a charge with an employment government agency. Available to you is the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment & Housing (DFEH).
Under the EEOC you have 180 days to file your charge from the day the discrimination took place. The deadline can be extended if the state or local agency enforces the laws that prohibit employment discrimination on the same basis as the federal law. So, in the case of sex discrimination, California law also prohibits discrimination on the basis of sex/gender and so the statute of limitations is extended to 300 calendar days from the day you received the discrimination. If the discrimination is ongoing, then it is 300 days from the day you last received your discrimination.
Holidays and weekends are included in the statute of limitations, but if the deadline falls on a weekend or holiday, then you will have until the next business day to file our charge. It is recommended that you not wait until the last day to file your charge in case there is anything you need to fill out or turn in.
How to File a Lawsuit Against Your Employer
Before you file a lawsuit and take your employer to court for subjecting you and making you a victim of sex discrimination, you must first file a charge with either the EEOC or the DFEH. Both agencies protect your rights equally. The EEOC and the DFEH are in a work-sharing agreement, which means that when you file a charge with one agency, an identical copy is created and sent to the other agency. This is known as dual filing and serves to protect your rights under both state and federal law. As stated above, because federal law and California law protect sex discrimination on the same basis, you have 300 calendar days to file your charge. The agency will launch an investigation against your employer, during which time, if you are still employed, your employer cannot take action against you. If it is determined that your rights were likely violated, you may request the “right-to-sue” letter. It is recommended that you only request this letter once you and your attorney are ready to take your employer to court. You should be ready to take your employer to court because you only have 90 days to take action against your employer!
The California Employment Attorneys Group is here to represent you, and file your charge and lawsuit before the statute of limitations expires. We are a team of aggressive lawyers who will push for the maximum compensation available to you; the compensation to which you are entitled for your employer’s blatant disregard for the law. We offer free consultation and the zero-fee guarantee.
Free consultation gives you the opportunity to sit with one of our lawyers and explain your case to them. They will give you their initial thoughts, like whether you have a strong case against your employer, the evidence you still require, and if they want to take the case. This consultation is free, and there is no financial obligation on your part. You can choose to hire our services or walk. The choice is yours.
The zero-fee guarantee is our promise to our clients that we are here for them. The zero-fee guarantee means that you will not pay for our services unless we prove your case. If we do not win, you do not pay. This moves all of the financial risk from you, the client, onto us. It serves as additional incentive to use all of our available resources to ensure that you get every penny that you are owed. If we do win the case, then we only collect a small fee on the amount rewarded. If attorney fees are included, all the better for you as your sum will not be affected.
Call us at the California Employment Attorneys Group to see what we can do for you!