The decision of whether to speak up about workplace discrimination is not an easy one. However, workers do not have an unlimited amount of time to pursue a case. Missing the deadline to file, which is also known as the statute of limitations, can bar you from seeking justice and receiving compensation or other remedies.
At Employee Civil Rights Group, we do not want employees to lose their right to legal recourse simply because they were unaware of or did not understand the Mar Vista discrimination statute of limitations. Our workplace discrimination attorney could ensure you understand what to expect from the legal process and know exactly how much time you have to file your claim.
The statute of limitations for discrimination cases is different under California state law and federal law. If you want to pursue your case in California, the first step is filing a complaint with the California Civil Rights Department (CRD). Under the statutes of limitations, Mar Vista employees have three years to do this from the date of the discriminatory act (or from the last act if it was ongoing). If the discrimination experienced was a single incident, such as being fired from your job, then the deadline begins on that date. If you were subject to discrimination on several occasions, the timeline would begin from the most recent incident.
It is smart to act quickly to avoid missing the deadline. Waiting too long can also weaken your case. We could help ensure that your complaint is filed on time and with all supporting documentation.
If you have been discriminated against, you may choose to file a complaint with the Equal Employment Opportunity Commission (EEOC) rather than California’s state agency. The EEOC is a federal agency that enforces several laws which protect workers across the United States from discrimination at work. The EEOC has a shorter statute of limitations for Mar Vista workplace discrimination cases than California law. Generally, a charge must be filed within 180 days in California, however, the deadline is extended to 300 days if the state enforces a similar law (which California does).
In some situations, filing with the EEOC may be the better choice as the federal law could offer broader protections. For example, if an employee was discriminated against based on religion and worked for a small employer not covered under California’s Fair Employment and Housing Act (FEHA), the EEOC makes more sense. However, in most situations, California law tends to be more favorable to workers. We carefully assess your situation to determine the best path forward and ensure all filing deadlines are met.
Calculating the statute of limitations for discrimination cases in Mar Vista requires identifying when the clock starts to run. Generally, it begins on the date that the last discriminatory act happened. There is usually not much room for error with these statutes of limitations; however, there are some exceptions. For example, if the discrimination was not known at the time that it occurred and you learned of it later, the time limit could start when you knew (or should have known) about it. Again, if the conduct was a part of a continuing pattern of discrimination, the statute begins upon the last act. An extension to the time limit may be allowed in rare cases.
We recommend reaching out to an attorney as soon as possible after the discrimination occurs. These time limits go by quickly, and you do not want to miss your chance to pursue a case and hold your employer accountable.
Failing to file your complaint within the Mar Vista discrimination statute of limitations could result in your case being dismissed. California’s time limits are more generous than many other states and the federal government. Even so, it is critical to seek legal guidance as soon as possible. We act quickly at Employee Civil Rights Group, ensuring claims are filed on time and are supported by all the necessary documentation. If you have been discriminated against at work, contact us for an initial consultation.
