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Employment Law

Understanding the FEHA Statute of Limitations: Key Deadlines for Employers in California

In California, The Fair Employment and Housing Act (FEHA) lays the foundation for employee rights in the workplace. It offers protections against discrimination, harassment, and retaliation. Employers are required to ensure their workplaces comply with FEHA standards, but when complaints arise, it is equally important to be aware of the FEHA statute of limitations and how it impacts the handling of claims. 

The FEHA statute of limitations defines the period within which an employee must file a claim of discrimination or harassment. For employers, these deadlines provide important guidelines for managing risk. However, these deadlines are not always straightforward, and exceptions exist. California employers must learn the key deadlines under FEHA, the procedures for handling complaints, and the steps employers must take to protect themselves from legal exposure. 

Lerner & Weiss APC specializes in defending California employers and providing expert guidance on FEHA compliance. Businesses that work with Lerner & Weiss are better prepared to comply with FEHA and prevent potential lawsuits.

As of January 1, 2020, Assembly Bill 9 (AB 9), also known as the Stop Harassment and Reporting Extension (SHARE) Act, extended the statute of limitations for FEHA claims from one year to three years. This change gives employees up to three years from the date of the alleged incident to file a complaint with the California Department of Fair Employment and Housing (DFEH) for claims of discrimination, harassment, or retaliation.

The extension allows employees more time to recognize discriminatory or harassing conduct and decide whether to take legal action. For employers, this longer window increases the need for thorough documentation and record-keeping to ensure that issues can be properly addressed if a complaint arises long after the event.

While the general statute of limitations for filing a FEHA claim is three years, certain exceptions can extend this timeline. Tolling (the legal suspension or delay of the statute of limitations) effectively pauses the statute of limitations clock, allowing employees more time to file their claims.

Some common exceptions to the statute of limitations include:

  • Continuing Violations: The statute of limitations may be extended if the discriminatory or harassing behavior is part of an ongoing pattern. For example, if an employee is subjected to continuous harassment, the statute of limitations may not begin until the last instance of the behavior occurs.
  • DFEH Investigations: If an employee files a complaint with the DFEH before the three-year deadline, the statute of limitations may be paused while the DFEH investigates. The clock starts again once the DFEH issues a right-to-sue letter.
  • Mental or Physical Incapacity: If the employee is physically or mentally incapacitated and unable to file a claim within the statutory period, tolling may apply, allowing for an extended deadline.

Employers must also be aware that FEHA claims are distinct from other employment-related complaints, such as those filed under the federal Civil Rights Act (Title VII) or the California Labor Code. Other non-FEHA complaints are subject to different statutes of limitations. While FEHA allows employees three years to file a claim, federal law under Title VII provides a shorter window—typically 180 to 300 days, depending on the circumstances.

For claims under the California Labor Code, the statute of limitations can vary depending on the type of violation. For example, wage and hour claims, such as unpaid wages, meal and rest break violations, and overtime pay issues, generally have a three-year statute of limitations. Claims for wrongful termination have a two-year statute of limitations. Claims related to oral contract violations have a two-year limit and written contract violations have a four-year limit.

Navigating FEHA claims can be complex. Contact Lerner & Weiss, a trusted employer defense attorney in Los Angeles, for expert guidance and compliance strategies.

FEHA Claim Process: What Employers Should Know

Employees filing a claim under FEHA must first file a complaint with the DFEH before pursuing a lawsuit in civil court. The DFEH is responsible for investigating the claim and determining whether it has merit. If the DFEH finds no resolution during the investigation, it will issue a “right to sue” letter, allowing the employee to file a lawsuit.

For employers, the key steps in responding to a FEHA claim include:

  1. Acknowledging Receipt of the Claim: Once notified of a DFEH complaint, employers must acknowledge the claim promptly. Failing to do so can reflect poorly on the employer and potentially lead to more significant legal consequences.
  2. Conducting an Internal Investigation: Employers should launch a thorough internal investigation into the complaint. This involves interviewing relevant parties, reviewing documentation, and assessing any workplace policies that may have been violated.
  3. Consulting Legal Counsel: Employers should immediately seek legal counsel upon the filing of a claim. An experienced employment defense attorney, like those at Lerner & Weiss, will ensure an appropriate response and avoid legal pitfalls.
  4. Responding to DFEH Inquiries: Throughout the DFEH investigation, employers must cooperate fully with the department’s inquiries. This includes providing requested documentation and making witnesses available for interviews.
  5. Avoiding Retaliation: Employers must ensure that no retaliatory actions are taken against the employee who filed the complaint. Retaliation claims are a common additional charge in discrimination or harassment cases and can lead to further legal complications.

Stay ahead of potential claims by consulting Lerner & Weiss. Our employer defense attorneys in Los Angeles provide tailored advice to help your business adhere to California’s labor laws.

To protect themselves from potential legal exposure under FEHA, California employers should take proactive steps to comply with the law and respond to complaints. 

Some best practices include:

  • Implement Clear Anti-Discrimination Policies: Employers should develop comprehensive policies that clearly outline prohibited behavior, procedures for reporting complaints, and the consequences of policy violations. These policies should be communicated to all employees, and regular training should be provided.
  • Maintain Thorough Documentation: Accurate record-keeping is essential in managing any potential claims. Employers should document employee performance reviews, disciplinary actions, and any complaints raised to create a clear record of workplace incidents.
  • Provide Ongoing Employee Training: Regular anti-discrimination and harassment training helps employees understand their rights and reinforces appropriate workplace behavior. Supervisors and managers should receive training on how to handle complaints and enforce company policies.

While prevention of workplace disputes is the best policy, complaints and conflicts are inevitable. Understanding the statute of limitations under FEHA can help California employers mitigate risk and avoid legal disputes. 

If you’re a California employer who is unsure about the validity of a FEHA or DFEH claim, contact Lerner & Weiss APC now. An experienced employment defense attorney will help you understand the validity of any claims and significantly improve your chances of a successful resolution. Lerner & Weiss will also assist you in preparing your workplace with comprehensive compliance strategies, including developing anti-harassment policies, conducting employee training, and establishing clear procedures for handling complaints, leaving you well-prepared to handle any issues that arise.