What You Need to Know About Filing an EEOC Complaint in California
The EEOC claim process can be complex and time-consuming, especially for someone who has never filed such a complaint before. Here’s how to file an EEOC complaint in California.
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for creating and enforcing workplace regulations, anti-discrimination, and anti-harassment policies for American employers. The EEOC is also responsible for reviewing and investigating claims of employment discrimination and harassment. Therefore, if an employee works in California and experiences any form of discrimination or harassment, they likely have grounds to file a claim with the EEOC to hold the responsible party accountable for their actions.
Who Can File a California EEOC Complaint
An individual can file a formal job discrimination complaint with the EEOC whenever they believe they are:
- Being treated unfairly on the job because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older) or genetic information
- Being harassed at work for any of these reasons
- Being treated unfairly or harassed because they complained about job discrimination, or assisted with a job discrimination investigation or lawsuit
Related: How to File a Pregnancy Discrimination Lawsuit in California
Time Limits for Filing an EEOC Complaint in California
A charge of discrimination is a signed statement asserting that an organization engaged in employment discrimination. The laws enforced by EEOC require an employee to file a charge before they can file a lawsuit for unlawful discrimination. There are strict time limits for filing a charge.
Where the discrimination took place can determine how long an employee has to file a charge. In most cases, there is a 180-calendar-day filing deadline. This is extended to 300 calendar days if a state or local agency enforces a state or local law that prohibits employment discrimination on the same basis.
How to File an EEOC Complaint Online in California
A Charge of Discrimination can be completed through an online system after an employee submits an online inquiry and is interviewed.
EEOC’s Public Portal asks a few questions to help determine whether EEOC is the right federal agency to handle the complaint involving employment discrimination.
Related: California Statute of Limitations For Discrimination Claims
How to File an EEOC Complaint in Person in California
Each EEOC office has appointments, which can be scheduled online through the EEOC Public Portal. Offices also have walk-in appointments. Go to https://www.eeoc.gov/field-office for information about the closest office.
An individual may file a charge of employment discrimination at the EEOC office closest to where they live, or at any one of the EEOC’s field offices. The charge, however, may be investigated at the EEOC office closest to where the discrimination occurred.
It is helpful to bring to the meeting any information or papers that will help the EEOC understand the case. An individual may bring anyone they want to the meeting, especially if they need language assistance. They may also bring a lawyer, though one is not necessary to file a charge.
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