It is one thing to feel discriminated against. It is another to be able to prove it. But sometimes, how an employer responds to a complaint of discrimination and harassment gives rise to an even better case.
There is no way to say whether you have a good case or not, based on your post. Clearly, the evidence needs to be evaluated and further investigation of the facts must be done. This is a case where there is no substitute for meeting with experienced employment law attorneys in your area, for opinions about whether a lawsuit or some other kind of action is appropriate. You should speak with at least two or more attorneys to get different opinions and go with whomever you feel most comfortable with.
You also have the right to file a complaint with either the California Department of Fair Employment and Housing or the U.S. Equal Employment Opportunity Commission. You can ask either agency to investigate your claims. But don't wait much longer as there are strict deadlines to file such claims.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
It sounds like you may have a claim but, you would really need to set up an in-depth consultation with an attorney, bring them all of the paperwork regarding the incident reporting, any letters or memos you received as a result of the employer's investigation, and any paperwork you have regarding your suspension and disability status. This is best done in person so that an attorney can look at all of the facts and documentation and make a determination of whether you have a case.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
This forum is mainly for general questions, not for advice on specific, individual matters. It's impossible to properly advise a client without having an interactive discussion with that client, and being able to ask key questions. Therefore, I advise you to consult with an attorney (who practices in your state) about your matter.
Nevertheless, if you ever wish to make a discrimination or sexual harassment claim against an employer, a first step is to go through the EEOC, which is a federal organization that handles discrimination claims. Below are links to their website, which can give some insight into the charge-filing process.
Some attorneys will guide you through the charge-filing process, should you decide to take that route. There may also be additional state remedies available to you.
Good luck with your matter.
I am licensed to practice only in Florida. My answer does not constitute legal advice, and the answering of this question does not create an attorney-client relationship.
Best bet is to search Avvo for an employment lawyer in your state and call for a free consultation to discuss the facts and circumstances.
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