Employees have the right to pursue remedies for discrimination with both state and federal agencies and in both state and federal courts. The outcome of a claim will often hinge on the jurisdiction where the claim is heard. If properly handled, you may be able to convince one agency to defer processing a claim that is pending before another agency. Your attorneys may seek to litigate a case in one court system rather than another because of some perceived advantage. In any case, knowledge of the procedural aspects of responding to a claim is invaluable and may determine the success of a defense.
Consider encouraging or requiring the use of alternate dispute resolution techniques to resolve employment discrimination claims. Both the EEOC and the DFEH established mediation processes to encourage early and informal claim settlement. In addition, many employers attempt to convince or require employees to resolve discrimination issues through the use of arbitration.
Because of the complexity of dealing with employment discrimination claims, consult with counsel or other experienced resources immediately upon receiving notice of a discrimination claim against your company.
1.Code of Civil Procedure sec. 1001