Did you know that an estimated 30.4% of people in the state are facing discrimination? Discrimination refers to the unjust or prejudicial treatment of individuals or groups based on certain characteristics such as race, gender, age, religion, nationality, disability, sexual orientation, or other protected attributes.
Discrimination is not only morally wrong but also illegal in many jurisdictions. If you believe you’ve experienced workplace discrimination, you have two choices – file a complaint with the EEOC or turn to the DFEH.
DFEH, or the Department of Fair Employment and Housing, is focused solely on the activities and enforcing specific anti-discrimination laws in California. EEOC, or Equal Employment Opportunity Commission, enforces federal laws related to workplace discrimination throughout the United States. When facing discrimination challenges, it is important to know where to file your complaint and the procedure for filling it out to protect your rights as an individual and as a human being.
In this article, we will go over the differences between these two agencies to equip you as you seek justice.
The Role of EEOC and DFEH
The Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) are two government agencies that handle employment discrimination complaints. Both agencies have similar goals of protecting employees from discrimination, but there are some differences in their jurisdictions and processes.
The EEOC is a federal agency that enforces federal laws against employment discrimination. It covers private employers with 15 or more employees, as well as state and local government employers. If you believe you have been discriminated against based on race, color, religion, sex, national origin, age, disability, or genetic information, you can file a complaint with the EEOC. They’ll investigate your claim and attempt to resolve it through mediation or litigation, if
necessary.
The DFEH is a state agency that enforces California’s employment laws. It covers all employers with five or more employees, including state and local government employers. The DFEH protects employees from discrimination based on additional protected categories, such as marital status, sexual orientation, and gender identity. If you believe you have been discriminated against based on any of these categories, you can file a complaint with the DFEH. They’ll also investigate your claim and attempt to resolve it.
Jurisdiction and Coverage Differences
The EEOC, or Equal Employment Opportunity Commission, is a federal agency responsible for enforcing federal laws that prohibit workplace discrimination. It covers employers with 15 or more employees and handles claims related to discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information.
The DFEH, or Department of Fair Employment and Housing, is a state agency in California that enforces state laws prohibiting discrimination in employment, housing, and public accommodations. It covers employers with five or more employees and handles claims related to discrimination based on race, color, ancestry, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability, genetic information, or age.
The jurisdiction of the EEOC is nationwide, while the DFEH’s jurisdiction is limited to California. This means that if you work for an employer with offices in multiple states, you may need to file a complaint with both agencies if your claim falls within their respective jurisdictions.
While the EEOC and DFEH have overlapping jurisdiction in certain areas, they’ve different processes and procedures for handling complaints. Be sure to understand the specific requirements and procedures of each agency before filing a complaint.
Filing Procedures and Deadlines
The Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH) have their distinct processes for filing complaints.
To file a complaint with the EEOC, you must first complete an intake questionnaire. This can be done online or by visiting your local EEOC office. After submitting the questionnaire, you’ll be provided with a charge number and information about next steps. The EEOC has a strict deadline for filing a complaint, which is generally within 180 days of the alleged discrimination, but can be extended to 300 days in certain cases.
If you were to choose to file a complaint with the DFEH, you must complete a complaint form. This can be done online, by mail, or in person at a DFEH office. The DFEH also has a specific deadline for filing a complaint, which is generally within one year from the date of the alleged discrimination.
Filing a complaint with one agency doesn’t preclude you from filing with the other, that’s why it’s recommended to consult with an attorney or legal advisor before proceeding with multiple complaints.
Handling Complaints and Investigations
When it comes to complaints, both the EEOC and DFEH follow similar steps. Although the process for handling complaints and investigations may vary slightly between the EEOC and DFEH. It’s best to familiarize yourself with the specific procedures and deadlines of the agency you choose to file with.
- You must file a complaint with either agency within a specific timeframe. Once your complaint is filed, the agency will review it to determine if it falls within its jurisdiction. If it does, they’ll begin the investigation process.
- During the investigation, the agency will gather information and evidence from both parties involved. This may include interviews, document requests, and site visits.
- They’ll assess the credibility of the information provided and evaluate the strength of the evidence. Throughout the process, both agencies strive to be fair and impartial.
- After the investigation, the agency will decide based on the gathered evidence. If they find evidence of discrimination or harassment, they may attempt to resolve the complaint through mediation or settlement.
- If a resolution can’t be reached, they may proceed with filing a lawsuit on your behalf or issue a right-to-sue letter, allowing you to pursue legal action independently.
Legal Remedies and Enforcement Options
There are legal remedies and enforcement options available to address the discrimination or harassment found by either the EEOC or DFEH.
If the investigation reveals that discrimination or harassment has occurred, both the EEOC and DFEH have the authority to take legal action against the employer or individual responsible. They may file a lawsuit on your behalf or issue a ‘right-to-sue’ letter to let you pursue legal action independently.
If you receive a ‘right-to-sue’ letter, you can file a lawsuit in court within a specific timeframe, usually 90 days. This allows you to seek legal remedies such as compensation for damages, including back pay, reinstatement, and attorney’s fees. In some cases, the court may also order injunctive relief, requiring the employer to change their policies or practices to prevent future discrimination or harassment.
The EEOC and DFEH may also opt to settle the case through mediation or conciliation. This involves negotiating a resolution between the parties involved, which can include financial compensation, changes in policies, or other agreed-upon remedies. Eventually, the decision of whether to pursue legal action or settle is still up to you. You may consult with an experienced employment attorney who can guide you through the process, explain your rights, and help you make an informed decision that best suits your circumstances.
Conclusion
When it comes to deciding whether to go to the EEOC or DFEH, know more about their roles, jurisdiction, and filing procedures.
Both agencies can help you with your employment discrimination complaints, but they’ve got different coverage areas. Make sure to carefully follow the filing procedures and deadlines to have your complaint properly handled. Seeking legal remedies and enforcement options may be necessary if your complaint isn’t resolved through the agency process.
