Our Resources
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The EEOC is a federal agency. The EEOC assists in the administration and sometimes the adjudication of discrimination claims. The law governing discrimination claims is called Title VII. The purpose of filing charges with the EEOC is to assure timely notice to the employer of claims of discrimination (like a statute of limitations). Title VII actions cannot proceed in federal court unless discrimination charges are filed with the EEOC within a specific time limit after the allegedly unlawful employment practice “occurred.” There are certain exceptions to this rule but you should be mindful of the time limitations. If you are a federal employee or wish to be in federal court, you must file with the EEOC.
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The rules that govern the time frame in which you must file a lawsuit are called statutes of limitations. Statutes of limitations in employment matters vary according to the claim. The application of these rules to your particular case is often complicated and requires the assistance of a lawyer. However, you should generally be aware of these rules and understand that there is little leeway or exception for filing claims beyond these statutes. Typically, you have two years from the date of injury to file tort (personal injury) claims. Tort claims in employment cases include emotional distress, battery, slander, and libel claims, among others. Claims of discrimination based on your race, nationality, gender, age, disability, or sexual preference have a separate requirement called “exhausting administrative remedies” in addition to the statute of limitations. Exhaustion of administrative remedies means that there are separate state or federal requirements that must be completed before you can bring a discrimination lawsuit. These requirements govern the time in which you must file a discrimination lawsuit. Several statutes may apply to employment claims such as provisions of the Labor Code and California Business and Professions Code as well as the federal and state tort claims act. Each of these statutes may have its own filing deadline that you must consider.
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Picking an attorney to represent you in any matter should be done carefully and only after a lengthy discussion between you and the attorney. A successful attorney-client relationship is based on trust. You should remember that an attorney works for you and that while he or she has unique skills and education, picking the right lawyer should be about finding the right person. Few lawyers are skilled in all areas of law. If your matter involves a labor or employment issue, you should find a lawyer or law firm specializing in this area. Several organizations can assist in providing names of lawyers or law firms specializing in this area. Your local bar association, California Employment Lawyers Association, and the National Employment Lawyers Association can recommend lawyers.
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I am so thankful I chose Andrea Cook and her team when I was in need of a lawyer.
“Andrea welcomed me in, listened to understand my situation, worked tirelessly as my advocate, and led my fight from start to finish.”- John H.
