California FEHA Statute of Limitations: How Long to Make a Claim
The California FEHA statute of limitations ranges from six months to three years, depending on the type of claim, starting from the date of the act of discrimination. Dealing with workplace discrimination or harassment can be stressful, and understanding the timeline to take action is an essential step toward seeking justice.
Filing your claim within the required timeframe is necessary to preserve your right to hold your employer accountable and seek compensation for the harm you’ve endured. Let us help you determine your next steps and ensure all deadlines are met.
If you’re unsure whether you’re within the statute of limitations, reach out to our California employment lawyers for guidance tailored to your situation.
Different statute of limitations California employment claims
The statute of limitations for California employment claims varies depending on the type of claim, such as sexual harassment, retaliation, or discrimination.
Below are detailed timeframes for common employment claims.
Sexual harassment statute of limitations in California
The statute of limitations for sexual harassment claims ranges from one year to three years, depending on the specific filing process and agencies involved.
- Filing with the CRD (California Civil Rights Department): You have three years from the date of the harassment to file a complaint with the CRD. This extended time frame provides victims with more time to seek justice.
- Filing with the EEOC (Equal Employment Opportunity Commission): You must file your claim within 300 days of the incident if the case is cross-filed with the CRD.
- Filing with the DFEH (Department of Fair Employment and Housing): The CRD has replaced the DFEH as of 2023, but the three-year timeframe for harassment claims remains the same.
- Filing a lawsuit after receiving a right-to-sue letter: Once you receive the letter, you have one year to file your lawsuit in court. Acting as quickly as possible is the best way to meet this deadline.
Retaliation statute of limitations in California
The statute of limitations for retaliation claims generally ranges from six months to three years, depending on the type of retaliation alleged.
- Retaliation under the Fair Employment and Housing Act (FEHA): You must file a claim with the CRD within three years of the retaliatory action, and you have one year to file a lawsuit after obtaining a right-to-sue letter.
- Whistleblower Retaliation: Under California Labor Code §1102.5, whistleblowers have three years to file a claim against their employer for retaliation after reporting unlawful practices.
- Retaliation Against Employees Using Workers’ Compensation: Claims must be filed within one year from the date of retaliation under Labor Code §132a.
- Other Retaliation Claims (e.g., Equal Pay Act Violations): The timeframe varies, but Equal Pay Act violations have a two-year statute of limitations, or three years for willful violations.
Discrimination statute of limitations in California
The statute of limitations for discrimination claims is three years for filing with the CRD and one year for filing a lawsuit after obtaining a right-to-sue letter. Federal discrimination claims through the EEOC typically have a 300-day timeframe.
No matter your situation, our Huntington Beach employment lawyers are here to guide you through the process, ensuring your claims are filed on time and handled effectively.
The importance of the DFEH right to sue letter
The DFEH right-to-sue letter is a necessary document in California employment law. Issued by the California Department of Fair Employment and Housing (now the Civil Rights Department), it allows employees to file a lawsuit against their employer under the FEHA claim process. Without this letter, legal action cannot begin.
How to get a right to sue letter
To obtain a right-to-sue letter, you must first file a claim with the California Department of Fair Employment and Housing (DFEH). Under Assembly Bill 9 (AB 9), signed by Governor Gavin Newsom in 2019, you have up to three years from the date of the incident to file your claim.
You can file the claim online, by mail, or through an attorney from our firm. Once filed, the DFEH issues a letter if you request to bypass their investigation or after their review is complete. This letter is essential to move forward with your lawsuit.
What to do with the letter
Once you receive the right-to-sue letter, it is critical to act promptly. The statute of limitations for FEHA claims allows you one year from the date the letter is issued to file your lawsuit. Failing to meet this deadline could prevent you from pursuing your case.
Consulting our attorney experienced in employment law ensures you understand the steps to take. We will help file the lawsuit, gather necessary evidence, and work through legal proceedings effectively, increasing your chances of a favorable outcome.
When to file the charge
The timeframe for filing a FEHA claim with the California Department of Fair Employment and Housing depends on when the alleged discrimination or harassment occurred. Under AB 9, also known as the Stop Harassment and Reporting Extension Act, you must file a claim within three years of the incident.
This extended timeframe, effective January 1, 2020, gives employees more time to act. However, file as soon as possible to preserve evidence and begin the DFEH investigation. Early action increases your chances of building a strong case and achieving justice.
For guidance on filing your claim or acting on a DFEH right-to-sue letter, contact our experienced legal team to ensure your rights are protected, and your case is handled effectively.
The process for making a claim through DFEH
The California Department of Fair Employment and Housing (DFEH) oversees claims related to the Fair Employment and Housing Act (FEHA), protecting employees from discrimination, harassment, and retaliation in the workplace.
Below is a step-by-step guide to filing a claim through the DFEH.
- Determine Eligibility to File a Claim: Identify if your case falls under FEHA protections, such as workplace discrimination, harassment, or retaliation in the workplace. We will determine this for you.
- File a Complaint with the DFEH: We will submit your claim within three years of the date of the alleged violation. The complaint must outline the date of the discrimination and the actions of the employers in California that violated FEHA.
- Participate in the DFEH Investigation: Once your claim is filed, the DFEH will investigate your allegations. They may request documentation, interview witnesses, and contact your employer for their response.
- Request a Right-to-Sue Letter (if applicable): If you wish to bypass the DFEH investigation, you can request a right-to-sue letter. This allows you to pursue your claim in court while adhering to the statute of limitations for filing a lawsuit. Again, we will do this on your behalf.
- Engage in Mediation or Settlement Talks: The DFEH may offer mediation or settlement services to resolve the claim without litigation. If both parties agree, this step can lead to the resolution of claims quickly and efficiently.
- File a Lawsuit if Necessary: If mediation fails or the case requires further action, we would move to file a lawsuit within one year of receiving the right-to-sue letter. An experienced employment law attorney from our firm will guide you through this process to comply with California law.
Our Torrance employment lawyers are here for you to get your lawsuit started.
Compensation you may be entitled to
When pursuing a workplace employment claim, you may be entitled to various forms of compensation:
- Anti-discrimination training: Employers may be required to implement company-wide training programs to address and prevent discriminatory practices in the workplace.
- Coverage of legal fees: You could be reimbursed for attorney fees and other legal costs incurred while pursuing your case.
- Earned promotion: Compensation could include obtaining the promotion or career advancement you were unfairly denied due to discrimination or retaliation.
- Emotional distress compensation: Damages for the emotional pain, mental suffering, and psychological trauma caused by the discriminatory or hostile environment.
- Future wages (front pay): This compensates for income you would have earned had the discrimination or retaliation not occurred, particularly in cases of wrongful termination.
- Job reinstatement or hiring: You may be reinstated to your prior role or offered a comparable position if you were wrongfully terminated or denied employment.
- Lost wages (back pay): Compensation for past wages lost due to actions like wrongful termination, demotion, or denied promotions.
- Policy reforms: Employers may be required to adopt or revise workplace policies to prevent future occurrences of discrimination or harassment.
- Punitive damages for misconduct: In cases of intentional or egregious misconduct, punitive damages may be awarded to penalize the employer and deter similar behavior.
- Reasonable workplace adjustments: Employers may be required to provide accommodations for disabilities or other protected characteristics to ensure an equitable work environment.
- Reimbursement for expenses: Covers costs related to the incident, such as job search expenses, medical bills, or relocation costs resulting from the employer’s actions.
Enhance your chance of a successful claim with Feher Law
Dealing with a workplace claim can feel overwhelming, but you don’t have to do it on your own. Feher Law is here to help. Our team is experienced in fighting for employee rights and getting fair compensation.
We’re ready to guide you and handle the hard work for you. Contact us today at (866) 646-6676 to schedule a free consultation with our team.
FAQs
What happens if I miss the FEHA filing deadline?
If you miss the FEHA filing deadline, you may lose the right to pursue your claim through the California Civil Rights Department (CRD) or file a lawsuit in court. It’s best to act within the three-year statute of limitations under California law to preserve your rights.
Additional time may be granted in rare circumstances, such as fraud or administrative errors, but these are exceptions. Consulting with an experienced attorney promptly ensures you meet all deadlines and can proceed with your case without issues.
What types of claims are covered under FEHA?
The Fair Employment and Housing Act (FEHA) protects against workplace discrimination, harassment, retaliation, and wrongful actions like termination. Claims must relate to protected characteristics such as race, gender, religion, age, disability, or sexual orientation. FEHA also covers failure to provide reasonable accommodations and retaliation for whistleblowing.
What if the discrimination happened several years ago? Can I still file a claim?
If the discrimination occurred more than three years ago, it’s generally too late to file a FEHA claim. However, exceptions may apply in cases where the violation was ongoing or concealed. Under California law, the three-year statute of limitations begins from the date of the alleged violation.
What if I was a minor when the discrimination occurred?
If you were a minor when the discrimination happened, the statute of limitations is paused until you turn 18. You then have up to three years from your 18th birthday to file a claim under FEHA. This rule ensures minors are not penalized for delays caused by their age.
However, the sooner you file, the stronger your case may be. Our attorney can guide you through the process and ensure all necessary steps are taken on time.
Are government employees subject to different deadlines?
Yes, government employees face shorter deadlines when filing claims. For example, claims against public entities often require filing a notice within six months of the discriminatory incident. This shorter timeframe applies to discrimination, retaliation, and harassment cases involving government employers.
Can the statute of limitations be extended for any reason?
Under specific circumstances, the statute of limitations for FEHA claims may be extended. These include situations where the violation was ongoing, concealed, or prevented by administrative errors. Additionally, AB 9 extended the timeframe from one year to three years, ensuring more time to file in many cases.
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