Recent DEI Changes Do Not Take Away Your Right to File a Discrimination Lawsuit
Upon taking office, President Trump signed an executive order that banned diversity, equity and inclusion programs throughout the federal government. Employees who worked in these areas have been put on administrative leave as a precursor to their termination. The elevation of DEI to a national political issue has swept up anti-discrimination provisions in the debate. Thus, legal prohibitions against discrimination may be viewed in the same light as efforts to advance equity, even though one seeks to prohibit certain illegal behavior, while the other seeks to increase representation among minority groups.
Further, companies have responded to threats that DEI programs would be viewed as illegal discrimination, and they have rolled back or completely eliminated their hiring efforts in this area. Companies may view this as having to deal with less scrutiny of their hiring practices, and they may engage in discrimination as a result. Fearing fewer consequences, companies may be more likely to discriminate and pay less attention to the law.
Additionally, there have been efforts to reduce the Equal Employment Opportunity Commission’s ability to regulate discrimination. The Trump Administration has also indicated that it will take a far less aggressive posture toward civil rights violations. Realistically, workers can expect to receive less assistance from the EEOC in the future when they believe that they have been discriminated against on the job.
The combination of all these factors can make both the hiring process and working on the job more challenging for those who belong to a protected class. While this may be the case under federal law, nothing has changed in California.
You Can Still File a Claim Under California Civil Rights Laws
Thankfully for California workers, state law remains robust, and it has extensive prohibitions against employment discrimination. These laws remain in effect, and they are completely undisturbed by any changes in federal legal and regulatory posture. As a worker who has been discriminated against, you always have the option of proceeding under federal or state law. If you do not believe that you will get the relief that you are seeking under federal law, or state law is more conducive to your claim, you can always file your case in California.
You would begin your case by filing your complaint with the California Department of Fair Employment and Housing. The state agency would perform the same role that the EEOC would if you filed your complaint under federal law. The Department would review your case to determine whether it intends to pursue a remedy on your behalf. If the department believes that a state civil rights law has been violated, it could file a complaint on your behalf. The Department would likely require you to mediate your dispute with your employer before it files a lawsuit.
Even if the department decides not to file a lawsuit on your behalf, it does not mean that you cannot pursue a remedy. You may even be better off when you can file a lawsuit on your own behalf in state court. In many respects, California anti-discrimination laws are even more robust than federal statutes. Your employment discrimination attorney would advise you where it is most advantageous for you to file your claim.
Contact a Riverside Employment Discrimination Attorney
Even if recent headlines have made you more reluctant to file a discrimination complaint, you should not be scared off by what you have read in the news. California law may still protect you from the illegal conduct that you have had to endure. Contact an employment discrimination attorney at Wagner Zemming Christensen to learn more about whether you may have a viable lawsuit. You can schedule an initial consultation with one of our attorneys by calling us today at 951-686-4800.
