Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.
Title Vii And Section 1981 In Santa Clara
State:
Multi-State
County:
Santa Clara
Control #:
US-000296
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Word;
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FAQ
This protection against retaliation extends to any person who opposes acts of harassment or discrimination or bullying or who testifies, assists, or participates in a manner in an investigation, proceeding, or hearing relative to harassment or discrimination.
In employment law, a protected activity is an action that an employee has the right to take, or an activity they have the right to engage in that their employer cannot punish them for. If they are punished in any way for exercising their rights, it is considered retaliation for participating in a protected activity.
While similar in protecting against unjust discrimination, Section 1981 differs from Title VII of the 1964 Civil Rights Act.
Some examples of "protected activity" under the Labor Code include: Filing or threatening to file a claim or complaint with the Labor Commissioner. Taking time off from work to serve on a jury or appear as a witness in court. Disclosing or discussing your wages.
An individual engages in protected activity when they: (1) oppose a practice they consider to be discriminatory; (2) participate in an employment discrimination proceeding; or (3) engage in other protected EEO activity.
Section 1981, which is codified at 42 U.S.C. 1981, protects the equal right of all persons to make and enforce contracts without respect to race.
Does Title VII apply to all employers? Title VII applies to private-sector employers with 15 or more employees, to state and local government employers with 15 or more employees, and to the federal government as an employer. Title VII also applies to unions and employment agencies.
§ 1981a(b)(3)) caps the amount of “compensatory damages awarded … for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages” to between $50,000 and $300,000, depending on the size of the employer.
In general, a complaint of employment discrimination must be filed within three years from the date an alleged discriminatory act occurred. You must file a complaint with CRD even if you wish to file a case directly in court.
Under FEHA, individuals who believe they have been harassed or discriminated against must file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years for their claims to be considered.