What forms do I need to submit for an employment discrimination case?

Business 2 views 3 answers
Two ongoing years of unfair treatment, non-sexual harassment, discrimination, retaliation, malfeasance, and harm including but not limited to violation of contract agreement,federal law title VII of the civil rights act of 1964, education law section 87160-87164, first amendment of the US constitution, and labor code section 232.5

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3
Marilynnmika Spencer ·
Your question indicates you are facing a number of issues but have no idea how to address your difficulties. That is no surprise; employment law is complicated and most of us have to go to law school, get licensed by the State Bar and practice for years before we have a good handle on it. So before you start filling out forms, please familiarize yourself a bit with California employment law. For an overview, please see my guide to at-will employment in California which should help you understand employment rights: http://www.attorneyqna.com/legal-guides/ugc/a-short-summary-of-california-at-will-employment. Regarding discrimination: Many people misunderstand the meaning of employment discrimination. “Discrimination” does not mean an employer has to be fair, respectful or has to make good decisions. Workplace discrimination means the employer treats one person or group differently from others who are not in the same group, but are similarly situated. The only workplace discrimination that is illegal is discrimination that is against public policy. Public policy refers only to things that are specifically prohibited by a statute (law) enacted by the legislature, or prohibited by a regulation promulgated (established) by a government agency. Public policy includes statutes prohibiting discrimination against people in specific protected groups, which include sex, race, national origin, disability, sexual orientation, age (40 years and older), religion, marital status, pregnancy and genetic information. Sexual harassment is considered a form of sex discrimination. Public policy also protects people who blow the whistle on a matter of public concern, complain about improper wage and hour practices, or who exercise voting rights, family leave rights, jury duty rights, domestic violence rights, and a few more rights protected by statute. An employer cannot refuse to hire, refuse to promote, change terms of employment or fire an employee if the reason for the change is against the law (against public policy). For example, an employer cannot increase your workload because of your race, sex, national origin, religion, etc. or because you blew the whistle on safety violations There are various ways to enforce these rights, depending on the particular public policy involved. For more information on discrimination law, please see my guide on this subject: http://www.attorneyqna.com/legal-guides/ugc/what-is-unlawful-employment-discrimination--california-law. You cannot realistically expect to tackle everything you are trying to take on without an attorney. It's just too much. I urge you to consult with one or more experienced employment law attorneys with whom you can go over the details of your situation. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. I hope you can resolve your situation and wish you the best.
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Neil Pedersen ·
Ms. Spencer has given a thorough response. I would like to emphasize one of her comments. You apparently have many issues. You need an attorney to handle this. If you have a meritorious case and you have damages that are more than minor, you can likely find an attorney willing to prosecute your case on a contingency basis, meaning you will pay no money unless and until there is a recovery. That way, you can hire a very experienced attorney without having to pay their normally very high hourly rate. Do not try to do this on your own. Good luck to you.
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Jordan Bergus ·
Before I say anything, please note that I am not licensed in California and not giving you advice based on CA law, but rather Federal law. The first answer is spot on and very thorough. I would like to add one thing that directly answers your question. There is something called an EEOC Form 5, or a Charge of Discrimination, that needs to be filed in order to get the EEOC to investigate your claims (particularly the Title VII ones). Like the above attorneys said, this is very complicated and you should consult a local lawyer who specializes in employment law.
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