Legal Question in Discrimination Law in California

Harassment, Impact Discrimination In The Workplace
I am trying to help rebuild a womans life. She had been an employee of seven years of a Bay Area Private Grocery Store and harassed or her race, culture, and age since the beginning while always letting these parties and supervisors know that it was unwelcome. She had been enduring this for seven years, until finally the impact of this harrassment led to verbal suspension and done publically in a humiliatingly. There is trauma being experienced presently. The management never took claims of harrasment, or discrimination seriously. She filed a complaint with DEFH and it is currently in the filing status. Two questions are: Is there a posibility to sue personally an individual in smalls claims or superior court in California when she chooses the ''right to sue'' waiver, and I believe not because it is her immedicat supervisor? And are Federal, State, Local Harrasment and Discrimination Statues designed for remidy of the Discrimination to be in litigated by private attorneys in civil court or if the complaint is egregious enough, the EEOC have thier own lawyers to bring remidy?

Asked on 7/18/07, 3:02 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Harassment, Impact Discrimination In The Workplace

If she has grounds for suit, and is timely in filing within the statute of limitations, then she can let the DFEH pursue it [which they are unlikely to do for practical and bureaucratic reasons]. Her only real option is to timely file in Superior court against the parties named in the DFEH claim.

IF she has a good case, meaning evidence of outrageous conduct and of her damages, then attorneys like me would be happy to discuss taking the case.

Answered on 7/18/07, 7:43 pm

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