subject: Employment attorney San Diego :Tips for Selecting an Employment Attorney [print this page] Employment attorney San Diego :Tips for Selecting an Employment Attorney
Employment attorney San Diego recently won an appeal in the Ninth Circuit Court of Appeals (the area covering California). The case is of interest to anyone who may have filed a charge of discrimination with the state (Department of Fair Employment and Housing) agency, but not with the federal agency (Equal Employment Opportunity Commission). In this case, the court held that the plaintiff, our client was not late in filing a lawsuit under the federal Title VII discrimination laws simply because he had not filed with that agency and instead filed with the state.
According Bakersfield employment lawyer, the court held that a Work Sharing Agreement between the state and the federal government was in effect when state charges were filed, and that the state agency was the agent of the EEOC (federal) agency for purposes of receiving the charges. As such, "a charge filed with the DFEH is deemed to have been received by the EEOC on the same day. Green vs. Los Angeles County Sup of Schools....; 29 CFR 1626.10(c).In this case, the failure of the EEOC to issue its own right to sue letter was not a bar to suit. (Steifel vs. Bechtel Corporation,No09-55764,11/110).
"...We hold that when a plaintiff files a disability discrimination complaint with a state agency acting with respect to ADA (Americans with Disabilities Act) complaints, as an agent of the EEOC, and receives a right to sue letter from the state agency thereby becoming entitled to an EEOC right to sue letter, the plaintiff need not file a separate complaint with the EEOC nor receive an EEOC right to sue letter in order to file suit." According to Sunnyvale employment lawyer, the court goes on to note, however, that if a federal right to sue letter is received, the 90 day time period in which to file the suit stillcontrols.
Learning lesson: Your discrimination claim (age, sex, race, national origin, perceived physical or mental condition, retaliation for complaining about discrimination against you or co workers) may not be time-barred if it has been filed with at least one of the two agencies, state or federal, in California. Only an experienced civil rights attorney with knowledge of your case can say for sure. But most employment attorney San Diego services offer free consultations, so ask!
