Currently, under California law, if an employee wants to file a lawsuit against his current or former employer for discrimination, harassment, or other conduct in violation of the FEHA, he must first file a complaint with the Department of Fair Employment and Housing (the “DFEH”), requesting (a) that the DFEH immediately issue a Right to Sue Notice or (b) that the DFEH investigate the employee’s claims. Filing a complaint with the DFEH is a prerequisite to filing a lawsuit alleging violations of the FEHA.
Under current law, an employee must file a complaint with the DFEH within one (1) year of the date of the employer’s alleged unlawful act. For instance, if an employer wrongfully terminated an employee on May 1, 2018, then the employee must file a complaint with the DFEH within one (1) year of May 1, 2018. If not, the employee loses his right to file a lawsuit against his employer for discrimination, harassment, or other conduct in violation of the FEHA.
In October 2019, Governor Gavin Newson signed Assembly Bill 9 (effective January 1, 2020), which extends this one-year deadline to three (3) years. This means that, beginning on January 1, 2020, employees will have a much longer runway to file a complaint with the DFEH.
However, Assembly Bill 9 will not revive claims that have lapsed, i.e., those claims for which the one-year deadline has already passed.
If you have believe that you have been subjected to discrimination or harassment at work, call ((916) 612-0326) or email ([email protected]) Finley Employment Law today. We serve clients throughout California, including Sacramento, Roseville, Walnut Creek, Concord, and San Ramon.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.