When someone decides to file a discrimination claim, they may be wondering, “How long do I have to file a discrimination claim in California?” While state law has a statute of limitations for filing a claim, this process can become multi-layered as there is a different deadline when filing a claim with the California Civil Rights Department (CRD). Each deadline is distinct, and missing either can compromise an employee’s legal options.
While some incidents of discrimination are easy to spot, others involve numerous events that occur over the course of employment. Figuring out when the clock started on a filing deadline may not always be complex.
The FEHA Statute of Limitations
FEHA stands for the Fair Employment and Housing Act, California’s primary employment discrimination law. Government Code § 12960 provides the deadline by which an employee must file an administrative complaint with CRD. California employees generally have three years to file a verified complaint with CRD alleging an unlawful practice. This filing period can apply to alleged discrimination, harassment, or retaliation prohibited by FEHA.
For example, if an employee suspects age was the deciding factor in a termination, the date of termination could play a major role in calculating the administrative deadline. Waiting until close to three years to file a CRD complaint can be risky if it is not clear when the discriminatory action legally took place.
When the Filing Period Begins
The three-year filing period generally begins on the date that the alleged unlawful employment practice occurred. That starting date may be easy to identify if an employee is fired or passed over for a promotion on a specific date.
However, some cases are not so simple. Suppose an employee suffered a series of allegedly discriminatory actions by an employer over a period of several months or years. In that case, the employer may have built up so many discriminatory acts that it becomes enough to change employment. Essentially, employees should never assume that just because they experienced a repeated violation, their filing period is automatically going to get extended.
Filing a Civil Claim
Generally speaking, an employee who wants to file a legal claim must first file a claim with the CRD. When contacting CRD about FEHA discrimination, harassment, or retaliation, employees can either ask the government agency to investigate the matter or request a Notice of Right-to-Sue right away.
An employee can bypass CRD’s investigation by obtaining a right-to-sue notice, allowing them to proceed with filing a claim. If the CRD complaint meets the filing deadline, employees typically do not have to wait for CRD to complete its investigation to obtain a right-to-sue notice. This effectively creates two deadlines, including the deadline for filing a CRD complaint and the deadline for filing the subsequent claim. These deadlines are not always the same.
Timeline After Receiving a Right-to-Sue Letter
Under California Government Code § 12965, employees generally have one year from the date of the CRD right-to-sue notice to file a claim under FEHA.
These deadlines are crucial when substantial compensation is on the line. For example, if a high-level executive or senior professional is fired, that employee may be letting go of lost wages, bonuses, commissions, equity awards, or future earning capacity. If you miss the deadline, a perfectly valid claim can be lost.
Hire a Discrimination Lawyer Before a Deadline Expires
In 2024, the California Civil Rights Department documented 4,077 employment complaint cases. Because a single complaint might allege discrimination on numerous grounds, these cases had 12,596 alleged protected bases. When dealing with these cases, it is important to seek legal counsel.
Employees should hire a discrimination lawyer to learn about deadlines that may apply to their case. A California discrimination attorney can help you figure out which FEHA discrimination laws cover your work situation and pinpoint any employer actions that might be grounds for a legal claim.
If your case proceeds to court, it may be held at a local courthouse, such as the West Covina Courthouse. The West Covina Courthouse is located at 1427 West Covina Parkway, West Covina, CA 91790, next to the West Covina Civic Center.
FAQs
Can I File a Discrimination Claim in California While I Am Still Employed?
Yes, you can file a discrimination claim in California even if you are still employed. While certain claims require notice before a termination, employees are not typically required to quit or wait until they are fired before filing a discrimination claim. If your employer has already committed the allegedly discriminatory act, such as denying a promotion or cutting your hours/pay, you may have a potential claim that can be pursued while you are still employed.
What if I Did Not Realize I Was Discriminated Against Until Later?
If you did not realize you were being discriminated against until later, there may be certain circumstances that allow the statute of limitations to be extended. However, merely discovering that an action taken by your employer may have been discriminatory does not toll every potential deadline. The facts and timing of your discovery would need to be analyzed.
Can I Pursue Both a Federal and State Claim for Discrimination?
You may be able to file both a federal and state claim for discrimination. An action by your employer could violate both FEHA and federal law, such as Title VII of the Civil Rights Act or the Americans with Disabilities Act. Federal agencies and the DFEH have different requirements and deadlines for filing claims. In some cases, filing a claim with one agency may impact the other agency’s process.
What if the Discrimination Happened at Multiple Occasions?
If the discrimination happened at multiple occasions, each one may carry its own weight. For instance, you may have been denied a promotion because of discrimination several months before you were terminated under allegedly discriminatory pretenses.
While some conduct may be included in California’s continuing violations doctrine, separate acts are not always considered one continuous act. File based on the date of each adverse employment decision, not just the latest.
Contact GUZMÁN & TOKAR LLP Today
GUZMÁN & TOKAR LLP handles plaintiff-side employment law cases for California workers. If you have been discriminated against or wrongfully terminated, your discrimination attorney can calculate any potential statutes of limitation, review your employment records, and assist with any necessary CRD filings.
GUZMÁN & TOKAR LLP may also assess damages relating to lost wages and represent you during negotiations or a FEHA claim, if necessary. Contact us to speak with a California discrimination attorney who has experience handling FEHA cases.
