Legal Question in Sexual Harassment in California
Filing an administrative charge
Do I have to file an administrative charge with the EEOC and/or the appropriate state fair employment practices agency (in CA, the DFEH) in order to pursue a civil action against my employer for sexual harassment?
1 Answer from Attorneys
Filing an administrative charge - REPLY
Yes, an employee must file an administrative charge as a prerequisite to filing a civil lawsuit under Title VII of the Civil Rights Act of 1964 and under certain state fair employment practices statutes. Title VII specifically provides for the initial referral of the charges to state and local agencies as a pre-requisite to the charging party filing suit in state court. Furthermore, the appropriate agency has to issue a right-to-sue letter before commencing your civil action in court.
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