Have you been unfairly passed over for a promotion at work? If so, you may wonder what your options are for seeking justice. In California, claims for wrongful failure to promote can be handled by the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). Alternatively, these claims can go through the court system. Whichever method you prefer, it is the best practice to consult an employment attorney before beginning the complaint process.
The above agencies investigate employment discrimination claims, including those related to promotions, and attempt to resolve them through mediation or other forms of dispute resolution.
If you believe you have been the victim of a wrongful failure to promote, you may be tempted to file a lawsuit against your employer immediately. However, it is important to understand that certain steps must be taken before a lawsuit can be filed.
Filing a claim under FEHA?
If you have been the victim of a wrongful failure to promote in California, you may have the option to file a claim under the California Fair Employment and Housing Act (FEHA). This law prohibits employment discrimination, including discrimination related to promotions, and provides a legal framework for seeking justice.
Before bringing a claim under FEHA, you must contact the California Civil Rights Department (CRD). The CRD is a state agency investigating employment, housing, and public accommodations discrimination claims.
You must provide information about the alleged discriminatory act, including its date, its circumstances, and any witnesses or evidence that may support your claim. You will also need to provide information about your employment history, including your job title, length of employment, and the nature of your duties. What you include in this complaint is important to protect your rights, so it is smart to seek an experienced discrimination attorney before submitting anything to the CRD.
Filing a claim under Title VII of the Civil Rights Act
You may also be able to file a claim under Title VII of the Civil Rights Act of 1964. To file a claim under Title VII, you must contact the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). The EEOC is a federal agency investigating employment discrimination claims based on race, color, religion, sex, or national origin.
You want to consult with an employment law attorney in California before filing a claim under Title VII. An attorney can provide guidance on the best course of action, help you navigate the legal process, and represent you in court if necessary.
What these agencies do with your complaint
After you file a claim with the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC) for a wrongful failure to promote, they will investigate whether the allegations have merit.
During the investigation, the agency will gather evidence, interview witnesses, and review relevant documents to determine if there is enough evidence to support your claim. If the agency finds sufficient evidence to support your claim, they will typically attempt to settle the matter through mediation or conciliation.
If a settlement cannot be reached, the agency may file a lawsuit on your behalf or issue a “right to sue” letter, which permits you to file a lawsuit on your own.
It is important to note that the investigation process can take several months or even years, depending on the case’s complexity and the agency’s workload. However, by filing a claim with the CRD or EEOC, you are taking an important step towards seeking justice and holding your employer accountable for their actions.
How long does the agency take to make a decision?
The CRD typically takes around 100 days to investigate and decide on your claim. However, this timeline may vary depending on the case’s complexity and the agency’s workload.
If the CRD determines that no violation occurred, they will issue a “right to sue” letter, which permits you to file a civil action against your employer. This letter typically has a deadline of one year from the date of issuance to file a lawsuit.
If the CRD or EEOC determines a violation occurred, they may attempt to settle the matter through mediation or conciliation. They may file a lawsuit on your behalf if a settlement cannot be reached.
It is important to note that the timelines and procedures for filing a claim may vary depending on the circumstances of your case. You should consult with an employment law attorney in California to discuss your options and ensure that your rights are protected.
Do you prefer taking your case to court right away?
Rather than going through the administrative agencies’ complaint processes, you can instead submit your claim for an immediate “right to sue” letter. This allows you to take your case directly to court instead of waiting for the agency to conduct its own investigation.
Filing a claim for wrongful failure to promote can be a complex and challenging process, but asserting your rights as an employee is important. If you believe that you have been wrongfully denied a promotion, it is essential to consult with an experienced employment law attorney in California who can guide you through the legal process.