How To File A Racial Discrimination Complaint In California

Facing racial discrimination at work or in other areas of life is never easy. Fortunately, California law prohibits this kind of behavior, offering a path to seek justice. If you’ve experienced discrimination because of your race, skin color, or ethnicity, knowing how to file a racial discrimination complaint can help you take the first step in addressing the injustice. Taking legal action helps protect not only your rights but the rights of others who may face the same challenges.

Understanding Racial Discrimination Laws in California

Racial discrimination is defined as treating someone unfairly based on their race, color, or ethnicity. Under both federal and state law, it is illegal for employers, housing providers, and other entities to engage in discriminatory practices. These laws prohibit things like:

• Refusing to hire or promote someone due to their race
• Making decisions based on racial stereotypes
• Allowing a hostile environment filled with racist comments or actions
• Enforcing policies that disproportionately harm individuals of a particular race

When Should You File a Complaint?

To act against racial discrimination, it’s important to know the deadlines for filing complaints. The time you have to file a complaint can vary depending on whether the discrimination occurred in an employment setting or other areas.

If you are filing a racial discrimination complaint with the California Civil Rights Department (CRD), you generally have one year from the date of the discriminatory action. If you are filing with the U.S. Equal Employment Opportunity Commission (EEOC) in an employment case, the filing window is typically 180 days from the date of the discrimination. Missing these deadlines can limit your ability to take legal action, so it’s important to act quickly.

Filing a Complaint with Your Employer

Before filing a formal complaint with a state or federal agency, many employers require employees to go through internal grievance procedures. These procedures typically involve submitting a complaint to your human resources department or directly to management. Your employer then has a set time to investigate and address the issue.

Filing a Complaint with the California Civil Rights Department (CRD)

After following any internal procedures, or if your employer doesn’t deal with the issue, you can file a racial discrimination complaint with the California Civil Rights Department (CRD). The CRD investigates claims of discrimination and enforces the California Fair Employment and Housing Act (FEHA).

Filing a Complaint with the Equal Employment Opportunity Commission (EEOC)

For cases of racial discrimination in the workplace, you may also need to file a complaint with the EEOC, a federal agency that enforces Title VII of the Civil Rights Act. The EEOC works closely with the CRD in California, so when you file a complaint with one agency, it is often cross-filed with the other.

Protecting Yourself from Retaliation

One of the most important protections you have after filing a complaint is against retaliation. Retaliation occurs when an employer or another party punishes you for filing a discrimination complaint. This could include firing you, demoting you, or taking other negative actions. California law prohibits retaliation, and if it occurs, you have the right to file an additional complaint for retaliation. It’s important to document any retaliation incidents and report them as soon as possible.

If you are experiencing racial discrimination in California, you don’t have to face it alone. The law provides a way for you to take legal action and seek justice. Filing a racial discrimination complaint can be a long process, but it is a vital step toward holding those responsible accountable for their actions. At Sirmabekian Law Firm, we are committed to helping you through this journey and will work with you every step of the way. If you are ready to take the next step, contact us today for a consultation