Legal Question in Civil Rights Law in California

Re: Age, Race. Sex. Unfair treatment

I can comment only on the claims of discrimination.

First, you should file with either the EEOC or the DFEH. The EEOC has more resources, and more vigorously investigates claims. You must file with one or the other -- not both. Here are some salient pro's and con's:

1. Statute of limitations. With the DFEH, it is one year. With the EEOC, it is 300 days.

2. Any ADA (disability discrimination) claims. Under the federal statutes, it is significantly more difficult to show that you are disabled, as compared to the state statutes.

3. I'll repeat myself here: the EEOC has more resources to more thoroughly consider, investigate, and (in a very select few cases) litigate on your behalf.

To the extent that your claim rests on allegations of disability discrimination, you may be better served by filing with the DFEH. But you must have evidence to prove that they took action against you because of a pre-existing disability (as opposed to any suffering you've experienced after they took action against you).

From the looks of things, without additional facts, it may be best for you to file with the EEOC.

A little more info on what it takes to prove discrimination. It is true, as stated above, that there must be evidence to show discrimination. A hunch won't do it. However, you point to something that might provide strong evidence of discrimination: if it turns out that:

(1) you were replaced by someone outside your "protected category" (aged 40+, race, gender), AND

(2) you were more qualified for the position than the person who was selected...

... this would constitute a "prima facie" case of discrimination. It is your burden to show this (in an EEOC investigation, they can request the applications/resumes/etc. of other applicants -- to this extent, the EEOC can help produce evidence to meet this burden).

If (1) and (2) are true, then the employer must provide a nondiscriminatory reason for their decision. If they fail to do so, this will usually mean that you will prevail.

But as was already pointed out, other factors would be relevant. E.g., as was mentioned earlier, they hired you knowing your gender and race, etc. But maybe the person who hired you has moved elsewhere, and someone else made the decision to cut you off.

As you can see, there are many details missing. File with either the EEOC or the DFEH. Preserve your rights in a timely manner, consult with them, get your questions answered.

Best of luck.

Re: Age, Race. Sex. Unfair treatment

Unless you can prove your layoff was motivated by and "because of" you being black, you are simply an at will employee laid off, along with others in your company's downsizing, apparently. Being black doesn't give you any greater rights to job security in this looming recession than anyone else, nor protection from losses in a collapsing housing market that is causing the problem. If you think you can actually prove race discrimination, feel free to contact me; I've been doing such cases of over 30 years. However, you'll have to overcome the obvious, that they hired you knowing you were black, moved you [presumably with a promotion] knowing you were black; so where is the provable discrimination'? It will require specific admissible evidence of improper motivation far beyond mere speculation.

Whatever the actual terms of the Relo package are, you have a right to enforce them. If it actually says they guarantee you no loss on your house in a down market like today, then make that claim for payment. If there is a question what guarantee it does provide, consult with a local attorney.

Any claim of 'stress' you might wish to make will likely be through Workers Comp, with all the negatives that imposes on your subsequent employability.

Re: Age, Race. Sex. Unfair treatment

I agree with Mr. Nelson. Unless you can prove discriminatory intent you would have an uphill battle proving unlawful discrimination. Based on the facts it doesn�t appear to be present, but there may be facts that you didn�t include that would prove your case. However, I don�t believe that you would be entitled to any workman's comp insurance because it sound like your symptoms are a manifestation of the layoff and not an on the job injury. If your Relo contract allows for 100% of sale price then you can enforce the contract.

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