Home Q&A Forum Can I file an EEOC complaint for workplace discrimination based on my disability?

Employment

Equal Employment Opportunity Policy

California

Asked on May 22, 2025

Can I file an EEOC complaint for workplace discrimination based on my disability?

I have been working at my current job for several years and recently I have been facing discrimination from my supervisor due to my disability. Despite providing all necessary documentation and accommodations, my supervisor has been consistently undermining my work, excluding me from important meetings, and making derogatory comments about my disability. I am now considering filing an EEOC complaint, but I am uncertain about the process and if I have a strong case.

Answers from 1 Lawyer

Answer

Employment

California

Answered 338 days ago

Short answer: Yes. There are some siginficant deadlines (180 days and up to 300 days) you will need to meet, forms to fill out, and a venue to choose (California law vs. Federal law). Without more specific it is difficult to give you specifics, Thus, given the deadlines and the specifics of your case, I HIGHLY recommend you speak with an employment lawyer very quickly to fully understand where you in the timline, what you will need to prove, and where to file -- and more importantly, if you have a case. Good luck.

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Employee or "independent contractor"

Hello, I'm starting a janitorial company. and I'm trying to keep my cost down. as of right now i will be doing all the "cleanings" if i get to over whelm i might need help for one or two gigs which would be 8 hrs or 16 hrs every two weeks if that. so i wanted to see if in California if im able to get help and have them come in as a independent contractor?

View Alen A.

5.0 (13)

Alen A.

Answered Oct 1, 2021

Hi there, In California, workers are presumed to be employees UNLESS a company can prove ALL THREE of the following: 1) Control: Worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; 2) SCOPE: The worker perform work that is outside the usual course of the hiring entity's business; and 3) TRADE: The worker is customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed. AB5 does list occupations that are exempt from the test above but your occupation isn't one of them. I would need more information to give you legal advice but based on your question, you will not likely be able to have them as independent contractors.

Read 1 attorney answer>

Employment

Employment Agreement

California

Asked on Nov 30, 2021

Are non-competes enforceable in California?

I live in CA and work for an east coast company. I have an old employment agreement from ~2006 that has a non-compete clause. Is that enforceable in CA?

View Paul S.

5.0 (18)

Paul S.

Answered Dec 3, 2021

No, it's not. California has a very strict law against non-competes, and views those as illegal restraints on trade. Pretty much the only scenario in which a non-compete will be enforceable in California is in connection with the sale of a business.

Read 1 attorney answer>

Employment

Independent Contractor Agreement

California

Asked on Jun 30, 2022

How to make a contract to keep IC status ? We are getting audited by SF. Thank you!!

I just changed to independent contractor last year after all my dental friends advised me to do so. Now the office I work at is being audited so I’m wondering what I need to do in order to keep the IC? Thank you !

View Gregory B.

5.0 (112)

Gregory B.

Answered Jul 12, 2022

In general, contract terms can make someone an employee, but cannot ensure independent contractor status. Essentially, the contract can set out IC terms, but if those terms are not followed in practice, the contract itself can't fix that. Under California AB, there is an exemption for dentists from the strict "ABC" test, but dentists will still need to meet a number of other requirements that are often, in practice, difficult to meet. For example, they would have to be "open to the public" and actually performing the same of similar services for others - so working for a single dental office typically will not pass the test!

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Employment

Employment Agreement

California

Asked on Jul 27, 2022

In California, Is a Non-Circumvention agreement signed as an employee be enforceable if the employer lays off said employee?

As an employee I was presented and signed a Non-Disclosure & Non-Circumvention agreement. I was recently told that Friday July 29, 2022 is my last day solely because the employer can no longer afford my position. They have also presented the idea of hiring me as an independent contractor. In the proposal, my current employer reminded me of the signed agreement. I would like to know if I sign the agreement for contracted work, is the Non-Circumvention agreement still valid since the Employer Employee relationship has ceased at no fault of the employee?

View Howard B.

5.0 (1)

Howard B.

Answered Aug 21, 2022

You will need to talk to someone in California, specifically. I am not licensed in your state. Generally, it is possible for terms of an agreement to service termination of other aspects of the agreement. This comes up in employment contracts all the time. The answer to your question most likely exists in the text of your agreement. Take that to a local attorney - aside from the text in the document, there may well be case law in California that would set an upper limit on how long such restrictions can last.

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Employment

Employment Contract

California

Asked on Oct 4, 2022

What is fixed term employment contract?

I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?

View Christopher M.

4.9 (8)

Christopher M.

Answered Oct 7, 2022

Generally a fix term employment contract differs from a genera employment contract in that it has an end date. For example, at-will contracts continue until you are fired or quit, while a fixed term contract only continues until the term expires. The main points to look at would be what they are classifying you as (employee vs contractor), the length of the term (so you know when the contract is up), and how to renew the contract or if there is an automatic renewal. It would also be good to double check the contract for termination clauses, as quitting may be more complicated under a fixed term contract. Ultimately, as with all contract matters it’s probably best to reach out to an attorney to review the document to get more specific answers to your concerns.

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Can I file an EEOC complaint for workplace discrimination based on my disability?

Answers from 1 Lawyer

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