DFEH and EEOC Investigations and Right to Sue Letter Explained
As a potential discrimination or wrongful termination claimant, you need to know that the DFEH / EEOC charge of discrimination and investigation process is mostly just a formality, although it's a necessary formality. In the vast majority of cases, these agencies don't issue any meaningful findings. They usually close the investigation and issue the right-to-sue letter that allows the claimant to file a lawsuit for discrimination and wrongful termination privately - through hiring your own attorney.
Depending upon how busy your local EEOC or DFEH branch is, getting the right-to-sue letter can take from a few months to up to a year or even longer. However, you can contact the agency and request to close your file and issue a right to sue letter, so that you can proceed with filing a lawsuit sooner rather than later. Alternatively, your attorney may obtain a right to sue letter online in a just a matter of a few minutes without the need for you to open any claims in those agencies yourself.
A charge of discrimination has to be filed within one year of the most recent discriminatory conduct, or most discrimination claims will be barred by law. Once the right-to-sue letter is issued, you will have one year from that date to file a lawsuit for discrimination and other violations covered by the DFEH/EEOC charge.
DFEH / EEOC finding that no discrimination took place doesn't mean that you don't have a case, and you should still consider consulting an experienced employment attorney to discuss your case in greater detail. On the other hand, if DFEH determines that discrimination or retaliation did take place, this is a significant evidence in your case that can and should help you, if you pursue that case, whether through DFEH or privately.
Generally, if you have a strong discrimination case, there is no reason to wait for the EEOC / DFEH findings, and you are better off obtaining an immediate right to sue letter instead of waiting for many months for the so-called investigation to take place.
Depending upon how busy your local EEOC or DFEH branch is, getting the right-to-sue letter can take from a few months to up to a year or even longer. However, you can contact the agency and request to close your file and issue a right to sue letter, so that you can proceed with filing a lawsuit sooner rather than later. Alternatively, your attorney may obtain a right to sue letter online in a just a matter of a few minutes without the need for you to open any claims in those agencies yourself.
A charge of discrimination has to be filed within one year of the most recent discriminatory conduct, or most discrimination claims will be barred by law. Once the right-to-sue letter is issued, you will have one year from that date to file a lawsuit for discrimination and other violations covered by the DFEH/EEOC charge.
DFEH / EEOC finding that no discrimination took place doesn't mean that you don't have a case, and you should still consider consulting an experienced employment attorney to discuss your case in greater detail. On the other hand, if DFEH determines that discrimination or retaliation did take place, this is a significant evidence in your case that can and should help you, if you pursue that case, whether through DFEH or privately.
Generally, if you have a strong discrimination case, there is no reason to wait for the EEOC / DFEH findings, and you are better off obtaining an immediate right to sue letter instead of waiting for many months for the so-called investigation to take place.