Preserving employee rights in discrimination and harassment cases

Every employer in California is required to establish policies and procedures dealing with discrimination and harassment. Simply having them on paper, however, is not enough when an employee has an issue with a co-worker, supervisor or manager. If the company does not handle the matter to the employee's satisfaction, he or she can then take steps to preserve the employee rights granted by both the federal government and the state of California.

It is not enough to simply file a lawsuit against an employer for harassment and/or discrimination. Steps must be taken to obtain the right to sue the employer. Before a lawsuit can be filed, it is necessary to file a claim with either or both the Equal Employment Opportunity Commission (EEOC), which is a federal agency, and/or the State of California Department of Fair Employment and Housing.

Every case is unique, so there is no cut and dry answer as to when such a claim would need to be filed. Therefore, it is advisable to contact an attorney as soon as possible in order to ensure that an important deadline is not missed. Furthermore, the process can be complex, so having the advice and assistance of counsel could help alleviate at least some of the stress and frustration that often accompanies these situations. This is especially true if you were wrongfully terminated as a result of the discrimination and/or harassment.

Preserving the employee rights granted by both federal and state law is an essential part of the process. An attorney can tell you what your rights are and how to get the process started. You do not have to go through this alone.

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