Under employment law, what is the statute of limitations for filing a charge of discrimination in the workplace?
In every state, it is different. For California, an employee must act quickly and file a complaint with the Equal Employment Opportunity Commission (EEOC) and/or Department of Fair Employment and Housing (DFEH) as soon as possible. If an employee fails to file the EEOC and/or DFEH claims in a timely fashion, they can forever lost their rights to file a complaint and seek damages against their employer.
It is never advisable to wait until the last moment to file such a complaint with the DFEH or EEOC. Time is never on the side of the person seeking legal protection under employment laws. If you feel that a discriminatory act has occurred, it is in your best interest to contact a reputable attorney who focuses in employment law as soon as possible.
What is the definition of sexual harassment and how do employment laws affect that type of behavior?
Sexual harassment has been defined by the Equal Employment Opportunity Commission (EEOC) as any “unwelcome sexual advance, request for sexual favors or physical conduct of a sexual nature.”
Obviously using the rejection of any such behavior as a basis for denying promotion or affecting any other employment decision is highly illegal. If an employee feels that this type of conduct or behavior has the purpose or effect of creating an intimidating or hostile working environment, this too, is referred to as sexual harassment.
Federal and California employment law do not cover all employers and employees, however, many methods are possible to to hold the employer accountable for their actions, and seeking the advise of an attorney as soon as possible is the recommended path to take.
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