Filing a Complaint Under FEHA
Our attorneys will carefully analyze your situation to determine if it makes more sense to file a claim under state than federal law. We are committed to making the decision that is in your best interest.
You can file a complaint with California’s Department of Fair Employment and Housing by phone, in person, over the phone or online. Our attorneys will help you collect all of the information you need for this complaint, which is the same as the information you would need for a complaint with the EEOC.
There is a one-year time limit for filing a discrimination complaint. However, this deadline can be paused if any of the department:
- Misleads you about filing obligations
- Commits errors in processing your complaint
- Discourages or prevents you from filing anything
Once your complaint is filed, the department will conduct an investigation. The investigation can consist of any of the following:
- Subpoenas
- Requests for producing books, records and documents relevant to your claim
- Written interrogatories
- Obtaining your complete personnel file
If the investigation reveals that the complaint has merit, the director of the department has the authority to file a civil action to achieve a resolution. However, this can only be done after going through a dispute resolution that is unsuccessful.
If the complaint is dismissed by the department for any reason, or the investigation is ended, the department will promptly notify the victim of the closure and provide reasons why in writing. This written notification serves as a right-to-sue notice. Once you receive this, you are free to file a civil lawsuit to achieve a resolution of your case.
However, you are free to request a right-to-sue notice at any point during the complaint process. For instance, you can request this notice before the department even starts its investigation.
A Sacramento sexual harassment lawyer from our firm can help you throughout every stage of this process.
Contact us today for a free legal consultation. (916) 777-7777
What Remedies are Available for Sexual Harassment?
Our sexual harassment lawyers in Sacramento can pursue various remedies for sexual harassment, depending on the specifics of your claim. These remedies could include:
- Back pay for earnings lost because of discrimination, including bonuses, commissions, raises, vacation or sick pay, and retirement or pension benefits
- Future lost earnings, if reinstatement is not possible or practical, to cover the effect of the harassment on future earnings
- Hiring
- Reinstatement to your position
- Legal fees to cover our costs for representing you
- Emotional distress caused by the harassment, like depression and anxiety
- Medical and other out-of-pocket expenses caused by the harassment
- Training at your workplace
- Policy changes by your employer
- Promotion
We may also be able to obtain punitive damages, which are designed to deter others from engaging in this type of conduct.
Many of the remedies above may be available in a civil lawsuit as well. Our Sacramento sexual harassment attorneys will evaluate all of the relevant factors in your case to determine appropriate remedies and compensation. This is the law’s way of attempting to put you back in the position you were in before the harassment occurred.
Contact the Arnold Law Firm right now a free legal consultation. Complete a Free Case Evaluation form.
Can My Employer Retaliate Over my Complaint?
Federal and state law protect sexual harassment victims from being retaliated against by their employers. Retaliation can include many different actions against people who report harassment or try to help others with their harassment complaints, such as filing an EEOC complaint, resisting sexual advances, or reporting harassment to your employer.
The EEOC lists several examples of retaliatory actions against sexual harassment victims:
- Verbal or physical abuse
- Giving the employee a negative review on a performance evaluation
- Transferring the employee to a less desirable position
- Firing an employee
- Spreading false rumors
- Making the person’s work more difficult by changing his or her work schedule to conflict with family responsibilities
- Putting the employee under increased scrutiny
These actions are all illegal, regardless of whether the sexual harassment allegations are true. Unfortunately, many victims are retaliated against for fighting back against harassment and trying to hold perpetrators accountable. If you have experienced retaliation, seek skilled legal representation for your sexual harassment claim.
The trusted Sacramento sexual harassment lawyers at our firm can pursue compensation and other remedies for any retaliation you experience for reporting harassment. This could include various things like reinstatement to your previous position or the cost of mental health counseling for the emotional effects of verbal abuse.
Complete a Free Case Evaluation form today to schedule your free legal consultation.