Legal Question in Discrimination Law in California
I'm having challenges dealing with the DEFH
After being fired for reporting sexual harassment, I filed a complaint with the LA office of the DEFH. For some reason, months later, they transferred it to a San Diego area code. A ''Mr. Spencer'' (he gave no full name) told me to call him via voice message, which I did, many times. The man simply does not seem to ever be at work. Making long distance calls became very expensive for me. I could not find any San Diego DEFH address to write him. After months of not being able to reach this man, I called the regular DEFH number and they stated that a ''Mr. Spencer'' does not work there. They also told me I never filed a claim. I then just went to their office, and they refused to talk to me. In fact, I was stopped at the front door and ordered to leave. This organization provides no email address and they have not answered any of my update requests submitted via US mail. I know some sort of limitations exists for me to file a lawsuit, and since I cannot afford an attorney I am going to have to do that myself. Can anyone tell me how to deal with the DEFH who seems to not want to do their job?
2 Answers from Attorneys
Re: I'm having challenges dealing with the DEFH
The set of factual circumstances you describe sounds rather "odd" to say the least, especially since you are required to obtain a "right to sue" letter from one of the following entities before an individual can file a private action under the claims you detail here. Try contacting the following, and if you still do not have any success, contact us directly for a free consultation:
EEOC (Equal Employment Opportunity Commission) : To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, EEOC website: www.eeoc.gov
DFEH (California Department of Fair Employment and Housing): To file a complaint with the DFEH, DFEH website: www.dfeh.ca.gov
Re: I'm having challenges dealing with the DEFH
The DFEH is not your fairy godmother. They do not sue or collect damages from employers. They only issue right-to-sue letters that are useful to experienced employment law attorneys who then sue on behalf of alleged discrimination/harassment victims such as yourself. Since you do not know how to do this by yourself, they blew you off (as they should have). To pursue your claim you should consult an attorney with specific experience litigating employer harassment cases, assuming you have not already blown it by waiting too long or by making damaging admissions on the DFEH form that you filled out (without first seeking and obtaining legal advice). Employment law cases are difficult and expensive, so do not be surprised if you are turned down by many lawyers or are asked to pay an upfront retainer. You need to ask attorneys about their specific expertise and training in sexual harassment litigation and the results they have obtained in previous cases. Do not retain or give money to a lawyer who does not have specific training and experience in this field.
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