The Church State Council has developed an enviable national reputation for our representation of employees who suffer religious discrimination in the workplace. Consistent with the golden rule, the Council represents persons of any and all faiths.
As a Seventh-day Adventist organization, the Council’s attorneys have years of experience representing Adventist church members denied accommodation for their Sabbath observance, or otherwise suffering some form of religious discrimination.
Our litigation priorities include:
- Failure to hire cases – job applicants who disclose their need for a scheduling accommodation for Sabbath observance, church attendance, choir practice, you name it – you have a right to participate in your religious community on a regular basis.
- Religious Harassment – too often, employees are pressured into doing things that violate their faith. In addition to being asked to work on Sabbath, or denied accommodation for refusing the Covid-19 vaccine, nurses or doctors may be disciplined for refusing to participate in medical procedures that violate their faith. It is unlawful for an employer to require an employee to “alter or amend” their religion in order to obtain or keep a job.
- Failure to accommodate --this was the subject of the Council’s recent victory in the U.S. Supreme Court on behalf of postal worker, Gerald Groff, who was denied accommodation for his observance of Sunday as the Lord’s day.The Supreme Court held that to avoid providing accommodations, an employer must demonstrate that doing so would result in an undue hardship, which must involve substantial costs in light of the company’s size and scope. We expect far fewer of these cases in the future, but this has constituted our primary body of cases.
Top 4 Reasons to Have an Attorney File Your EEOC Complaint
If you have experienced workplace discrimination or retaliation, you may want to take action by filing a complaint against your employer with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Civil Rights Department (CCRD). Here are four reasons why hiring an employment discrimination lawyer to assist you with your complaint is crucial.
Our team of qualified employment attorneys has successfully represented many workers during the EEOC and CCRD charge process. If you believe you need to file a charge of discrimination, contact us online or at the number provided immediately. EEOC/CCRD claims have short deadlines, and missing those deadlines can prevent you from pursuing your case in court.
#1. The EEOC/CCRD Complaint Process Is a Legal Process
Filing a charge of discrimination with the EEOC/CCRD is only the first step in a legal process that may require you to file a lawsuit in court. Employers often hire defense attorneys early on to safeguard their legal interests and may attempt to deny you the opportunity to present your case in court. Remember, the EEOC/CCRD does not represent you and cannot provide legal advice in most situations.
Employment discrimination laws are complicated and nuanced. Proceeding with an EEOC/CCRD matter without qualified legal counsel could result in losing your chance to go to court. Don’t allow yourself to be taken advantage of during this critical early stage.
#2. The Most Likely Outcome Is a Right to Sue Letter
In many cases, employers are unwilling to informally resolve employee claims at the EEOC or CCRD level, often offering only very low settlements or no settlement at all. As a result, your charge may be transferred to the investigation division of the EEOC/CCRD. After the investigation, you will receive a Notice of Rights letter (a "Right to Sue" letter), which allows you to file a lawsuit in court.
If you wait to receive the Right to Sue letter on your own, it may be challenging to find an attorney willing to represent you at the lawsuit stage. Most experienced employment lawyers do not take on cases starting at this point for various reasons. Often, you file a charge and, about a year later, the EEOC/CCRD issues a "no reasonable cause" determination along with a Right to Sue letter. This leaves you with just 90 days to find an attorney, allow them to review your case, and file a lawsuit—a very short timeframe for a complicated legal process.
Furthermore, without legal assistance, you or the EEOC/CCRD investigator may misunderstand your claims, check the wrong boxes on the Charge form, or make incorrect statements during your interview. These errors could have been avoided with legal representation and could negatively impact your case in court.
The information and evidence you present to the EEOC/CCRD, including your emails to the investigator, may ultimately serve as evidence in court. Therefore, the EEOC process can significantly affect your legal rights. Many experienced employment lawyers have spoken with workers who regret filing a charge without an attorney's assistance. If there's any chance your claims could proceed to court, hiring an experienced employment lawyer is essential.
#3. An Employment Attorney Knows How to Properly Value Your Case
Even if the employer agrees to mediation through the EEOC, they may try to take advantage of your lack of legal knowledge regarding how employment lawsuits are valued. Employment laws are filled with potential pitfalls, such as the after-acquired evidence rule and the duty to mitigate, which can seriously decrease the value of your case, even if you have strong evidence of employer liability. Strong legal claims do not always equate to a high case value.
On the other hand, navigating this process alone may result in you overvaluing your case, which can also hinder settlement negotiations. Large awards in employment lawsuits are rare, and damages are often capped by federal law.
#4. Avoid Waiting for an Interview
When you call the EEOC/CCRD, you may be informed that you need to schedule an interview with the agency before they can assist in drafting your charge. Unfortunately, the next available appointment might be several months away. An attorney can file your charge directly and help you bypass this delay.