What is the statute of limitations for FEHA claims?

Under FEHA, the statute of limitation for an employee to file a complaint is three years from the date of the wrongful conduct or discovery of the wrongful conduct – whichever is later.

What is the FEHA statute of limitations?

The statute of limitations under the Fair Employment and Housing Act (FEHA) in California is three years. This means that an individual who believes they have been subjected to unlawful discrimination, harassment, or retaliation under FEHA must file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years from the date of the alleged violation.

A violation of FEHA is where an employer violates an employee’s right based on sex, gender, race, age, ethnicity, national origin, or disability.

For example, Jenny works at a male dominated shipping company in San Francisco, California, and she believes she is a victim of workplace discrimination. Her employer constantly targets Jenny and loudly makes demeaning and offensive comments about her appearance. As a result, Jenny’s work performance suffers, and when she goes home, she has crippling headaches, insomnia, and anxiety.

Jenny’s friend Cassie tells her that she is protected under California’s FEHA and that Jenny has options for dealing with her situation. She may even be entitled to a financial award for her workplace-related problems.

However, Jenny isn’t sure she wants to get involved in a legal case against one of the largest shipping companies in California. She doesn’t want to tell her friend Cassie, but she isn’t even sure what the FEHA is or what FEHA regulations mean for her. When she tries to do some research, she finds herself even more confused by terms like the “ADA” and the “FEHA Statute of Limitations.”

For Jenny, all of this seems complicated, and she wonders if she should quit her job and move on.

However, Jenny needs to understand that workers like her have clear options in California and that with the help of an experienced attorney, Jenny can turn her entire life around.

What Are California FEHA Regulations?

In California, the California Fair Employment and Housing Act (FEHA) is the fundamental law that protects employees from harassment, discrimination, and retaliatory acts in the workplace. The FEHA makes it illegal for employers to act in this harmful way. Therefore, when employees experience these hurtful issues, they should be aware that they may be able to seek relief and collect damages.

Many employees wonder if they qualify for relief under the FEHA. The FEHA’s provisions apply to any company with five or more part-time or full-time workers. A federal act that is similar in nature, the Americans with Disabilities Act (ADA) only applies to businesses with 15 employees at minimum.

Based on the discrepancy between federal and state law, more workers in California are covered by state anti-discrimination laws than by federal anti-discrimination laws. Therefore, workers seeking relief from harmful workplace policies or behaviors should do so under the protections of the FEHA as opposed to the ADA.

What is the Process for FEHA claims?

Sometimes, employees see that they have three years to begin the claims process in California and take their time. However, this idea is not a good policy. Instead, workers need to begin the claims process as soon as possible if they wish to collect damages and gain relief.

Why does it make sense for workers to start the FEHA claims process immediately? One reason is that people quickly forget the case details from managers to co-workers. In addition, these changes mean that vital proof can be lost, and witnesses can be rendered unusable. Therefore, when an employee is involved in a discrimination or harassment case at work, they should act quickly and contact our California corporate attorney as soon as possible for an initial consultation.

How Does One File a DFEH Claim?

The Department of Fair Employment and Housing (DFEH) deals with all FEHA claims in California. For employees, the DFEH is where the process starts.

First, workers should file an official claim with the DFEH. Next, the DFEH will investigate the claim to determine if it is sensible. Additionally, at this time, the DFEH might try to resolve the issue or dismiss the employee’s claim if it does not appear reasonable. Finally, the DFEH may also elect to begin legal action.

How Long Will the DFEH Investigation Last?

Investigations by the DFEH vary, but they can take up to one year to finish. After that, employees can allow the DFEH to conduct their investigation or ask for a “right to sue” letter.

What is a Right to Sue Letter?

When employees ask for and are issued a right-to-sue letter, they can go around the DFEH and file a lawsuit on their terms.

Typically, workers in California choose the DFEH option if they do not have an attorney. Workers who already have lawyers or are planning to obtain legal representation ask for the right to sue letter. Once individuals receive their official right-to-sue letter, they can take legal action against the employer who perpetuated or allowed the offense.

What Damages Are Available Under FEHA?

When employees file a FEHA claim, their goal should be to obtain compensation, both financial and non-financial. The employee, therefore, seeks to collect damages based on the employer’s wrongful actions.

Ideally, the awarded payment should help the individual return to where they were economically before their employer acted this way.

Many workers want to know what their awards may entail. While financial awards can vary based on the case, the employee may be able to collect the following:

Missing pay
Employment benefits, in financial form or otherwise
Legal fees they paid

In some cases, employees can be reinstated to their prior positions at work.

Employees may also be able to collect non-economic awards. These may include payment for suffering:

Emotional duress
Humiliation
Anxiety
Depression
PTSD

These awards account for the physical and emotional suffering employees may have experienced.

Workers may also be able to collect punitive damages. Punitive damages work to punish the business from committing and allowing similar discriminatory acts in the future.

How Can Individuals Strengthen Their FEHA Cases?

When an individual does not act fast, their lack of action perpetuates the belief that the employer’s actions were not damaging enough. However, California passed AB9 for a reason, and workers are allotted three years to pursue their cases. Therefore, they should simply start the legal process as soon as possible.

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