Discrimination Flyer

LABOR DISCRIMINATION AND HARRASSMENT COMPLAINT DISCRIMINATION CATEGORIES

HOW LONG DO I HAVE TO FILE MY COMPLAINT?

Race, color Ancestry, national origin Religion, creed Age (40 and over) Disability, mental and physical.

Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions) sexual orientation Gender identity, gender expression.

Medical condition Genetic information Civil status Military or veteran status

At the state level, with the California Department of Civil Rights: 3 years in employee cases 1 year in any other case At the national level, with the U.S. Equal Employment Opportunity Commission (EEOC): 180 days 300 days if there is a law against age discrimination in the workplace within the state.

300 days in specific cases

HOW/WHERE TO FILE A CLAIM? You can file a complaint with the California Department of Civil Rights. Their website is easy to operate and you can easily file online : Online By mail Call In person

You can also file with the Federal Agency, the Equal Employment Opportunity Commission (EEOC):

Website: https://calcivilrights.ca.gov/

Website: https://www.eeoc.gov/how-file-chargeemployment-discrimination

Online By mail Call In person

WORKERS’ RIGHTS AND LABOR LEGAL SERVICES DEPARTMENT

FREQUENTLY ASKED QUESTIONS ABOUT DISCRIMINATION COMPLAINTS 1. Is it better to file with the State Agency (California Civil Rights Department - CRD) or with the Federal Agency (EEOC)?

Regardless of which agency you file your claim with, both agencies communicate with each other and work collaboratively. However, state law has a longer statute of limitations, which gives you more time to file your claim. Furthermore, the State Agency website is user-friendly, and claims can be easily filed online. Visit California Civil Rights Department to file a claim.

2. My supervisor is very mean to me. Is that enough for a discrimination claim?

Being mean, rude, a bully, or even demeaning is not enough for a discrimination claim unless the comments or behavior are related to a legally protected characteristic, such as race/color, ancestry/national origin, religion/creed, age (40 and over), mental or physical disability, sex or gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity/expression, medical condition, genetic information, civil status, or military/veteran status. This also includes sexual harassment.

If someone makes mean, rude, or demeaning comments that are not related to a legally protected characteristic, you can file a complaint with the company’s human resources department. These attitudes are wrong, but not illegal. Workplace conflict, unless based on a protected characteristic, is not illegal.

Examples of discriminatory or illegal harassment statements include: “You don’t like my joke because you’re on your period,” “You don’t clean properly because you are old and can’t see,” “That’s not sexual harassment; you’re just sensitive because you’ve already started menopause,” “Mexicans just complain and want rights,” “We can’t promote women for this role because they’re not as committed to their jobs,” “Your gender identity doesn’t fit the company’s traditional image, and it’s causing issues.” The more pervasive these statements are, the more likely it is that you have an actionable claim.

3. Can I file a claim if I'm not an employee or applicant, but only a contractor or business owner?

Unless you have been misclassified as a contractor but are, in fact, an employee or applicant, you cannot file a claim if you are a business owner or contractor. If you believe you are an employee but have been misclassified, you can file a claim and let the agency make the determination.

4. What evidence do I need?

Labor complaints for discrimination don’t require a lot of physical evidence; however, you will need to provide specific names and titles, and at least a date when the discriminatory incident first occurred and a date when it last happened. One of these dates must fall within the allowed period to file claims.

You also need to know details of what exactly happened on those days. If you have any proof, such as emails to HR explaining what happened, include that as evidence.

5. What if I'm experiencing discrimination in housing and not at my job?

The California Civil Rights Department also handles housing discrimination claims!

WORKERS’ RIGHTS AND LABOR LEGAL SERVICES DEPARTMENT