I'd like to know how judges or magistrates in California have defined "alleged adverse action."
I agree with the prior answer. Please post this question in the employment law section of Avvo. You will get far more precise and helpful question from the attorneys in that forum who specialize in this area of the law.
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An adverse employment action includes firing, suspension, loss of promotion, demotion, a reduction in pay or benefits, or an adverse change in working conditions.
It is important that you understand that there are two different limitations periods. First, in California, you must file an EEOC administrative complaint within 300 days of the alleged discrimination. Once the EEOC issues a right to sue letter, you only have 90 days to file a discrimination case in court.
California state discrimination procedures and substantive law (FEHA) are generally more favorable to employees, and state courts are a more favorable forum for employees than federal court, so unless there is some compelling reason to file under federal law, you will be better off filing an administrative complaint with the DFEH. DFEH administrative complaints must be filed within one year of the alleged discrimination. You have a year from the date the DFEH issues a right to sue letter to file a civil action in state court.
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