Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney
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Even in the wake of recent case, victims must follow the steps

As this blog has mentioned before, California victims of employment discrimination may and even must follow all the proper legal steps when pursuing their claims. If they fail to do so, then they may find that they can no longer pursue their discrimination claims on legal grounds, even if the claims had merit.

By way of example, a victim of discrimination ordinarily will need to file an administrative complaint either with the Equal Employment Opportunity Commission, or EEOC, or the appropriate California agency before taking a federal discrimination case to court. The worker can only sue after the government has declined to take direct action against the worker's employer.

Thankfully, the United States Supreme Court has recently decided that this rule, which can be invoked as a way for employers to avoid otherwise valid discrimination claims, is not absolute. Because it is not absolute, employers in the Los Angeles area are expected to act promptly if they feel the worker has violated it.

If they fail to do so and instead wait, whether as part of a litigation strategy or otherwise, then a court may conclude the employer has waived any right to object to the victim's lawsuit.

The High Court's clarification may help many employees who choose to prosecute their own claims and even some attorneys who do not work in the area of employment law often by offering an escape from the consequences of a critical mistake. Still, the best approach to employment discrimination cases is usually to seek out the assistance of an experienced employment law attorney who handles such claims on a regular basis.


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