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Why It’s Necessary to File an Employment Discrimination Complaint with the DFEH

— August 22, 2022

In states like California, cases of employment discrimination are on the rise.

Discrimination is common in many offices. Whether you face a racial, disability or religious discrimination, the consequences are always grievous. The thought of being discriminated against in your workplace can be depressing especially with the rate of unemployment globally. If you have faced any sort of discrimination, it is worth to know that you can follow the right process to acquire justice and continue working in a peaceful environment. 

In states like California, cases of employment discrimination are on the rise. However, there are state laws that protect the rights of employees, even with some employers refusing to follow the laws. One of the bodies that helps employment discrimination victims is the Department of Fair Employment and Housing (DFEH). 

If the discrimination complaint you intend to file complies with California’s Fair Employment and Housing Act (FEHA), filing an employment discrimination complaint through DFEH makes the process smooth since they can investigate the issue on your behalf and issue the right procedure to be followed. 

How to file for an employment discrimination complaint with DFEH

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Photo by Alex Kotliarskyi on Unsplash
  • The first step that DFEH takes is to ascertain if what you bring to their attention is valid. There are several ways to determine this, such as physical disability, Nationality, race and religion.
  • The complaint must be filed within three years from the time you experienced discrimination.
  • There is a need to determine if filing for DFEH is the best way out. You ought to find out other options depending on the gravity of discrimination you experienced.
  • The DFEH form is filled with the correct information that will help in investigations and completion of the process.
  • You need to undergo an intake interview with the DFEH to allow the department to conduct independent investigations.
  • You have the option to decide whether you want to participate in the pre-investigation negotiations. It is at this stage that you determine whether to proceed with the complaint or to settle the matter out of court.
  • You are required to cooperate with an investigator and ensure that every piece of information is true. This will help speed up the investigation process.
  • At this stage, the employer has already received the complaint and has a right to respond. The response is then reviewed to ensure that the steps to take are dependent on the response.
  • The DFEH after receiving the employer’s response takes time to review it and allows you to review the decision they make.

Reasons to File for an Employment Discrimination Complaint with DFEH

1. You get the right to file a lawsuit against your employer through the right to sue notice usually available on completion of the investigations. 

2. A normal right to sue notice takes up to a year to be processed after investigations, but with DFEH, you get it almost immediately so you can start the process in court. 

3. You have an option of retaining employment discrimination attorneys when you file for a complaint with DFEH to allow the matter to proceed in court. 

There are complex law deadlines that you meet to go through for the lawsuit to go through the process. This is why before starting the process; employment discrimination attorneys are important to guide and offer assistance. 

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