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Do I have to file an administrative charge with the EEOC and/orthe appropriate state fair employment practices agency (in CA, the DFEH) in order to pursue a civil action against my employer for sexual harassment?

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.

Updated: 10/05/99

Important: If your case deals with personal injury (automobile accidents, motorcycle accidents, pedestrian accidents, slip and falls, dog bites, medical or legal malpractice) or workers' compensation cases (accidents at work) and deals with California law, you can reach us 24 hours a day, 7 days a week just by calling 1-800-LAW-TALK, from anywhere in the United States, for a free consultation.

These Frequently Asked Questions are based on California Law. Information with a * was originally published by the State Bar of California and is also available through them. It is reprinted with their permission.

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