There are two avenues of recourse under the new law: administrative adjudication with the DFEH representing the complainant (this is contingent on the Department accepting the case for litigation); or litigation in civil court. Both the courts and the administrative agency have the power to order the following remedies if discrimination is proved:
(1) an order to employ, or reinstate;
(2) reimbursement of lost wages and benefits, out-of-pocket losses, plus interest;
(3) affirmative relief, such as personnel training or policy changes;
(4) front pay;
(5) compensation for emotional distress damages and administrative fines, up to $150,000 for both;
A court may order the same remedies, with three important exceptions:
(1) There is no cap on the amount of damages a court can award;
(2) A court cannot assess administrative fines, but it can assess unlimited punitive damages against private sector employers; and
(3) The prevailing party may recover reasonable attorneys fees and expert witness fees and costs.
Contact your local CTA staff representative if you believe you have suffered discrimination on the basis of sexual orientation. The staff representative can assist in working out an informal resolution to the problem. If such a resolution is not possible, the staff representative would be able to:
(A) file a grievance, if the collective bargaining agreement has been violated;
(B) help you file a charge with the Department of Fair Employment & Housing, or
(C) Refer you to a Group Legal Services Attorney. CTA will pay for the first hour of consultation with an attorney for job-related matters, if you are a member, and may also pay for additional legal services.
