The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing anti-harassment and anti-discrimination laws in the United States, and the agency processes thousands of complaints every year. If you have encountered a situation that has led to your need to file a complaint, it is vital to know what can be expected when filing an EEOC complaint while still employed in CA.
What Can You Expect When Filing an EEOC Complaint While Still Employed
Every American worker has the right to a workplace free from harassment and discrimination, but these are, unfortunately, pervasive issues throughout all industries in the United States. If you have experienced any mistreatment at work, filing an EEOC complaint is a necessary first step in resolving the situation. However, many workers worry about what they are likely to experience at work after filing their complaints.
The EEOC received 98,411 complaints of harassment between fiscal years 2018 and 2021, and 27,291 of these cases alleged sexual harassment. Many people who are harassed at their jobs simply quit so they do not need to deal with further mistreatment as they pursue legal recourse, but many others feel as though they cannot leave, or they may enjoy their actual job duties despite the hostile work environment, and do not want to quit.
If you are planning to file an EEOC complaint, an experienced Orange County employment attorney is a valuable resource in this situation. They can explain what can be expected when filing an EEOC complaint while still employed in CA. Your attorney can advise you as to what types of behaviors you might encounter that are unacceptable and what you can do should you encounter them.
Understanding Employer Retaliation
If you file an EEOC complaint alleging harassment or discrimination and the claim is filed in good faith, it is a legally protected action in the United States, and your employer may not take any punitive actions against you in response. EEOC complaints generally do not look good for any employer, and they may worry about their professional reputation, but this does not allow them to take punitive actions against the employees who file these complaints.
It is natural to worry whether you will face any type of response to your EEOC complaint from your employer. Unfortunately, some employees who file EEOC complaints are faced with various types of retaliation, including:
- Wrongful termination. While employers in California generally have broad flexibility to fire employees as they deem fit, they may not fire employees for filing EEOC complaints in good faith. If you believe you have been wrongfully terminated in response to your EEOC complaint, it is crucial to speak with an attorney right away.
- Transfer or new job placement. An employer may transfer an employee to a different work location, change their hours to a more undesirable schedule, or change their job duties to make their everyday work more difficult or impossible to complete.
- Demotion or pay docking. An employer may reduce the employee’s hours or demote them to a lower-paying position. If this happens in response to their EEOC complaint, it qualifies as retaliation.
- Further harassment. The employee may experience a more intensely hostile work environment following their EEOC complaint, which makes it even more challenging for them to do their job.
These are just a few ways that employer retaliation might manifest in California. When attempting to prove retaliation, the burden of proof in these cases will shift between the employee and the employer. First, the employee has the burden of proof that the actions taken against them were retaliatory and illegal. Next, the employer would have the burden of disproving this allegation.
The Diefer Law Group can assist you if you have been the victim of any type of workplace harassment or discrimination and must file an EEOC complaint. You have limited time to build this case, so reach out to us today to learn more about the legal services we offer that can help in your situation.
FAQs
Q: Can I File an EEOC Complaint While Still Employed?
A: Yes, you can file an EEOC complaint while still employed. You do not need to quit your job to file your EEOC complaint, and if you file a complaint in good faith and remain in your position, your employer may not take any adverse actions against you in response to your complaint. If you encounter any such issues after filing your complaint, consult your attorney immediately.
Q: How Long Do I Have to File an EEOC Complaint in California?
A: You only have a limited time to file an EEOC complaint in California. Generally, the time limit for filing a complaint is 180 days from the most recent incident of harassment or discrimination. However, this deadline may be extended to 300 days if your state enforces anti-harassment and anti-discrimination laws in the workplace.
Q: Can I Be Fired for Filing an EEOC Complaint?
A: No, you cannot be fired for filing an EEOC complaint. Filing this complaint in good faith is a legally protected action, so any punitive action taken against you by your employer would be illegal retaliation. Your employer may legally fire you under at-will employment law in California, but the reason for your firing cannot be a legally protected action. Consult a lawyer if you believe you were wrongfully terminated in response to your EEOC complaint.
Q: Should I Hire a Lawyer to File an EEOC Complaint in California?
A: You should hire a lawyer to help you file an EEOC complaint in California. Your legal representative can ensure your complaint is as complete and detailed as possible, and they can advise you through all of your interactions with the EEOC as it investigates your claim. Additionally, your attorney can help with your legal proceedings following the complaint, assisting you in securing the compensation you deserve.
Speak With an Experienced Attorney
Ultimately, filing an EEOC complaint can be a daunting but necessary experience for any employee who has experienced harassment or discrimination of any kind in the workplace. The team at the Diefer Law Group has decades of experience handling these cases. If you believe you need to file an EEOC complaint, we can help, so contact us today to schedule a free consultation with our team and learn more about the legal services we provide.
