It Is Usually Best to File a Complaint With the DFEH But it is a good strategy to file a complaint with the EEOC too. Doing so will preserve your right to sue your employer under both state and federal anti-discrimination laws.
A job discrimination complaint may be filed by mail or in person at the nearest EEOC office. You can find the closest EEOC office by calling the EEOC at 1-800-669-4000, or by going to the EEOC's Field Office List and Jurisdiction Map and selecting the office closest to you.
Presentation of Evidence The burden of proof is on you to show the agency is liable for discriminating against you and that you are entitled to certain relief. You will proceed first with presentation of evidence. Evidence may take the form of documents, live witness testimony, photographs, objects, etc.
Two types of remedies are available in EEO complaints against federal agencies: equitable relief and compensatory damages.
The name, address, and telephone number of the person who is being treated unfairly; The name, address, and telephone number of the employer you are filing the complaint against; A brief description of the event or events that you believe are unfair or harassing; and. The dates these events occurred.
There is no magic formula to figure out what your case is worth. And while every case is different, some factors come up in most cases. The amount of the employee's economic loss is always important to consider. The seriousness and severity of the employer's or harasser's conduct is always important as well.
The burden is on you to prove through relevant and material evidence that the agency discriminated against you and are entitled to certain relief. In analyzing the evidence, the AJ will apply a "preponderance of the evidence" standard, not the "beyond a reasonable doubt" standard applicable in criminal proceedings.
I've seen firsthand how these cases can vary widely in California. The average settlement for a disability discrimination case can range from around $25,000 to $500,000. Less complex cases often settle for about $100,000 or less, while more involved cases can exceed $1,000,000. But these are just ballpark figures.
In 2020, 6,272 discrimination cases were resolved by EEOC mediation, resulting in $156.6 million in monetary benefits. This makes the average settlement amount approximately $25,000 per claimant. But remember that not all cases are the same, so your case might be worth significantly more or less than the average.
Two types of remedies are available in EEO complaints against federal agencies: equitable relief and compensatory damages. Equitable relief, also called “make whole” relief, is designed to restore the complainant to the employment situation s/he would have been in if the discrimination had not happened.