Courts and Other Tribunals

The superior courts of the State of California can enforce California 's medical and pregnancy leave laws. California superior courts are often preferable to their federal counterparts for multiple reasons. For example, to win a lawsuit in a California superior court before a jury, only 9 of 12 jurors must vote in your favor. In contrast, in federal court, the jury verdict must be unanimous to prevail. Also, the standard for obtaining punitive damages is generally easier to meet in California Superior Court than in federal court. Further, your attorney will usually be precluded from interviewing the prospective jurors ( voir dire ) in federal court before they are sworn in.

The United States District Courts allow employees to assert their rights under the federal workplace leave laws such as the FMLA.

The Fair Employment and Housing Commission (“FEHC”) is the California government agency responsible for deciding discrimination cases brought by DFEH.

The Equal Employment Opportunity Commission's mission is the elimination of illegal discrimination from the workplace. Federal Employees may have their discrimination claims decided by an EEOC administrative judge.

The U. S. Merit Systems Protection Board is an independent quasi-judicial agency established to protect Federal merit systems against partisan political and other prohibited personnel practices such as (discrimination for taking medical leave) and to ensure adequate protection for federal employees against abuses by federal agency management.

The Appeals Division of the State Personnel Board is the administrative arm of the Board to hear, investigate and make recommendations on the alleged violations of law or rule which are brought to it by California state employees, applicants and members of the public. The Division will accept appeals in over 25 types of cases, including adverse actions, medical actions, discrimination complaints, complaints of retaliation for whistleblowing and examination appeals, to name a few.