Documentation Needed For a California Workplace Harassment or Discrimination Case

Every case of workplace harassment or discrimination in California carries with it a unique set of circumstances and facts. While it’s certainly an unfortunate situation, it’s important to document everything related to the events if you believe are experiencing workplace harassment or discrimination.  Proper documentation is essential to prove your case, protect your rights, and ensure that justice is served.

Work With Experienced California Employment Lawyers

Another important part of any workplace harassment or discrimination case is working with experienced lawyers that can help you navigate this difficult process.  At Maison Law, we have the experience and skill necessary to ensure you have what you need to take action against your employer. More than that, our dedicated California employment lawyers can give you the legal support and validation you need to see your claim through to its resolution. To get started, contact us today for a free, no-obligation consultation.

Workplace Harassment and Discrimination in California

Workplace harassment and discrimination are serious issues that can have a devastating impact on your well-being and career prospects. In California, the law provides strong protection against both workplace harassment and discrimination. The main law that covers workplace harassment and discrimination in the workplace is the California Fair Employment and Housing Act (FEHA). Under the FEHA, harassment is defined as:

• Unwanted conduct that is severe or pervasive and creates a hostile work environment.

Likewise, discrimination is defined as:

• Adverse employment actions, such as hiring, firing, demotion, or denial of opportunities, based on an individual’s protected characteristics.

These protected characteristics and actions are key to establishing protection under the law. The FEHA outlines these characteristics, which include:

• Race
• National origin
• Religion
• Age (over 40)
• Gender
• Gender identity
• Gender expression
• Sexual orientation
• Marital status
• Pregnancy
• Disability
• Medical condition
• Genetic information
• Military or veteran status

Similarly, there are several activities that you can take in the workplace that provides you with legal protection from harassment or discrimination.  These typically include:

• Filing a complaint or participating in an investigation of workplace harassment or discrimination based on a protected characteristic under FEHA or Title VII of the Civil Rights Act.
• Requesting a reasonable accommodation for a disability or medical condition under FEHA or the Americans with Disabilities Act (ADA).
• Engaging in lawful political activities outside of work.
• Reporting violations of health and safety regulations or laws.
• Reporting violations of wage and hour laws, such as minimum wage or overtime laws.
• Participating in union activities or attempting to organize a union.
• Requesting leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA).

With legal protection established, you can then move toward figuring out if any of the above factors apply to your situation. Chances are, though, if you reach that point, you may have a potential workplace harassment or discrimination case. From there, you can focus on gathering evidence.

What Types of Documentation Are Needed For a California Workplace Harassment or Discrimination Case?

One of the most important things to remember about workplace harassment and discrimination cases is that they can involve a wide range of different types of treatment and conduct. As such, documentation is crucial to proving a claim. Furthermore, the types of evidence and documentation you need are dependent on your particular situation. However, some more common types of documentation may help prove a workplace harassment or discrimination case. This documentation includes:

• Written statements – Written statements from witnesses who observed the harassment or discrimination can be powerful evidence in a case. These statements should be detailed and include the date, time, location, and specific actions or statements that were observed.
• Emails or text messages – Emails or text messages that contain harassing or discriminatory language can be used as evidence in a case. Employees should save these messages and print them out for documentation purposes.
• Performance reviews – If an employee’s performance reviews suddenly decrease after reporting harassment or discrimination, this can be evidence of retaliation. Employees should keep copies of their performance reviews and any communications related to them.
• Medical records – If an employee suffers physical or emotional harm as a result of harassment or discrimination, medical records can be used to document the harm and support a claim for damages.
• Complaints and investigations – If an employee has filed a complaint or participated in an investigation related to workplace harassment or discrimination, documentation related to the complaint or investigation should be saved.
• Personnel files – Personnel files can contain valuable information, such as job assignments, promotions, pay, and disciplinary actions, that can be used to support a case for harassment or discrimination.
• Time and attendance records – Time and attendance records can be used to document any changes in an employee’s work schedule or any missed work due to harassment or discrimination.

While this documentation is crucial to proving a workplace harassment or discrimination case, you or other employees should not remove any documentation from the workplace that is considered company property or confidential. Instead, make sure to consult with your human resources representative or one of our lawyers to ensure that you are following proper procedures for collecting and documenting evidence.

Legal Process For Workplace Harassment and Discrimination Cases in California

When you believe that you are experiencing harassment and discrimination in the workplace, you can not only begin gathering and preserving documentation, but you can even initiate the legal process by reporting the harassment or discrimination to your employer. At that point, your employer will either take corrective action or if they choose to do nothing, you may have an even stronger claim. Further, once you report harassment or discrimination, you are further protected from retaliation by the law.

Still, to officially initiate the legal process for a harassment or discrimination claim, you can file a complaint with the Department of Fair Employment and Housing (DFEH).

DFEH Complaint

The Department of Fair Employment and Housing (DFEH) is the state agency responsible for enforcing the FEHA in California workplaces. As such, when there are complaints of harassment or discrimination, the DFEH is responsible for investigating and taking action. Generally speaking, the process begins when you file a complaint against your employer with the DFEH.  From there, the process typically unfolds in the following way:

California has strict laws in place to protect employees from workplace harassment and discrimination. The legal process for workplace harassment and discrimination cases in California typically involves the following steps:

• Filing the complaint – The first step in the legal process is to file a complaint with the DFEH. The complaint should include detailed information about the harassment or discrimination, including the name of the employer, the dates of the incidents, and the names of any witnesses.
• Investigation – Once the complaint is filed, the DFEH will investigate the allegations. The investigation may include interviewing witnesses, reviewing documents, and gathering other evidence. Much of this evidence will include the same documentation as above, so be prepared to have copies of any evidence you have.  You’ll have to submit this along with the complaint.
• Mediation or resolution – In some cases, the agency may offer mediation or settlement as an option to resolve the case. This involves a neutral third-party mediator who tries to help both parties reach an agreement. If a resolution is reached, the case will be closed.
• Right-to-Sue notice – If mediation or settlement is not successful or not an option, the DFEH will issue a right-to-sue notice. This notice gives you the right to file a lawsuit against the employer in court.

Civil Lawsuit

• Filing a Complaint – If you decide to move forward with a lawsuit, you must do so within the timeframe specified in the right-to-sue notice. The lawsuit will be filed in either state or federal court, depending on the specifics of the case. In California, you generally have one year to file a Complaint after you receive the right-to-sue notice
• Discovery – After the lawsuit is filed, both parties will engage in discovery. This process involves exchanging evidence and information that will be used in the trial.
• Mediation – Usually, the judge in your workplace harassment or discrimination case will require that both sides agree to pre-trial mediation. During this proceeding, a neutral third-party mediator works with both parties to attempt to reach a settlement agreement. This can be a useful tool in resolving workplace discrimination civil lawsuits, as it can help the parties avoid the time and expense of a trial.
• Trial – If your case doesn’t settle at mediation, it will likely go to trial before a judge and jury. At trial, both you and your employer will present cases to the jury, who will then render a verdict.

Overall, the legal process for workplace harassment and discrimination cases in California can be complex and lengthy. That’s why it’s important for you or other employees to seek the advice of experienced employment lawyers such as our team. We can help you navigate the process and ensure your rights are protected.

Maison Law Helps Victims of Workplace Harassment and Discrimination in California

No employee in California deserves to be harassed or discriminated against at work. Unfortunately, instances of these violations happen every day. If this has happened or is still happening to you, Maison Law can help. Our team of experienced California employment lawyers can help ensure that you understand your legal options and are able to provide the necessary evidence to hold your employer accountable. If you would like to learn more about how we can help you, contact us today for a free, no-obligation consultation.