California Employment Discrimination Statute of Limitations

The progressive nature and cultural diversity of California would lead one to believe workplace discrimination has been eliminated. Unfortunately, workers encounter workplace discrimination because of race, gender, age, religious beliefs, disability status, or sexual orientation regularly. It is essential for individuals who have suffered unfair treatment to be aware of their legal rights and requirements, including the California employment discrimination statute of limitations.

The Statute of Limitations for Employment Discrimination in California

The California Civil Rights Department (CRD) allows victims of employment discrimination to file complaints from the date of the alleged incident under FEHA. The timelines generally look like the following:

• 300-Day Deadline (Federal Level). When filing a discrimination claim through the Equal Employment Opportunity Commission (EEOC) that involves state law, you have 300 days to submit your charge from the date of the incident.
• The filing process for a violation of the Equal Pay Act concerning sex discrimination in wages and benefits involves unique filing deadlines. Employees have two years to file a charge or claim under the EPA from the date they received their last unequal paycheck unless willful discrimination occurred which extends the deadline to three years.

Types of Discrimination Covered

FEHA provides protection to both employees and job seekers against multiple forms of discrimination. The protections exist to provide equal employment opportunities for everyone and keep workplaces free from discrimination. California statutes extend protections past federal standards by covering more workers and applying to smaller businesses, which federal rules may exclude.

Knowledge about the particular discrimination categories protected enables workers to identify potential violations of their rights. Common protections against discrimination include:

• Race
• National origin
• Religion
• Disability (Mental and Physical)
• Age (40 and above)
• Sex
• Sexual Orientation
• Gender identity/expression
• Marital status
• Pregnancy
• Medical conditions

These protections also cover harassment, retaliation for reporting discrimination, and failure or refusal to provide reasonable accommodations for disabilities and religious practices.

Why the Statute of Limitations Matters

The statute of limitations serves as a crucial protection mechanism for both employees and employers. Victims need to understand the time window to protect their legal rights. Employers benefit from these regulatory deadlines because they promote prompt resolution while safeguarding against endless liability risks.

A considerable number of employees miss legal filing deadlines because they either don’t know about them or hesitate to file due to fear of retaliation and inadequate resources.

The 2022 report from the California Department of Human Resources showed there were 1,642 newly submitted discrimination complaints and 1,416 complaints that were resolved statewide, which included unresolved complaints from previous years. More than half of all charges filed with the EEOC were retaliation complaints and employment-related complaints submitted to the CRD for investigation, which ranged between 11% and 26%.

The implementation of California’s AB9 (the SHARE Act) in 2019, effective in 2020, extended the statute of limitations to give victims additional time to file complaints, which may have resulted in more filings.

How to File a Discrimination Complaint

The initial action for suspected workplace discrimination victims involves submitting a complaint to the California Civil Rights Department (CRD). You can submit your complaint to the CRD through their official website or by visiting one of their offices. In Los Angeles, for example, the CRD’s headquarters can be reached at the California Civil Rights Department – Los Angeles Office. The CRD will investigate allegations when it receives a complaint.

The Equal Employment Opportunity Commission (EEOC) accepts charges for cases that fall under federal law, such as those involving larger employers or federal contractors, or discrimination based on national origin, race, sex, or religion. You can file a charge with the EEOC Los Angeles District Office located at 255 East Temple Street, 4th Floor.

Local Human Rights Commissions exist in cities like Los Angeles and San Francisco to promote fair employment practices and offer mediation services and investigative assistance.

Exceptions and Extensions to the Statute of Limitations

California allows limited exceptions under certain circumstances. The statute of limitations begins with the last incident when discrimination occurs as a pattern over time according to the continuing violations doctrine. The delayed discovery rule is applicable when an employee becomes aware in hindsight of discriminatory actions such as unequal pay that they could not have reasonably detected before.

Each case requires individual evaluation to determine if these exceptions apply. Consult with an attorney or reach out to local organizations if you believe your situation meets the necessary conditions.

FAQs

What Is the Statute of Limitations for Discrimination in the Workplace in California?

The California Civil Rights Department (CRD) allows individuals under the Fair Employment and Housing Act (FEHA) three years from their last discriminatory experience to submit complaints. Employees gained additional time to report workplace discrimination or harassment claims from 2020 due to this extended deadline. An attorney can help you file this claim in time.

How Long Do I Have to File a Claim Against a Former Employer in California?

The deadline to file a civil court claim is one year after receiving your Right-to-Sue letter from the CRD. Before filing a claim, you are required to submit a complaint to the CRD within three years following the discriminatory act. The time limit to file your claim begins when the agency issues its letter, whether based on investigation or upon request.

Can I Still File a Claim if I Quit or Was Fired?

Yes, you can still file a claim if you quit or were fired. The California Civil Rights Department (CRD) and the EEOC accept discrimination complaints from individuals who are no longer employed by the company in question. The timing of the discriminatory act takes precedence over your present job situation. Time limits require you to file within the statute of limitations.

What Happens if I Miss the Deadline to File?

Missing the deadline might forfeit your right to bring forth your claim. There are limited exceptions that could still apply, such as the continuing violations doctrine and the delayed discovery rule. You should contact an employment lawyer to discuss possible legal actions if you think your case remains valid or qualifies for an exception.

Contact Asbill Law Group, APLC

If you have been discriminated against at work, do not delay in taking legal action. Remedies may be available to you. Contact Asbill Law Group, APLC, today to get started seeking justice and holding your employer responsible.