Answer FileEmployment

How long do I have to file a workplace discrimination complaint in California?

The answer, cited

You have three years from the last discriminatory act to file a complaint with the California Civil Rights Department under Government Code section 12960, a prerequisite to suing under the Fair Employment and Housing Act. After a right-to-sue notice, you have one year to file in superior court under Government Code section 12965.

Three years, for most claims. Government Code section 12960 gives an employee three years from the last discriminatory act to file a complaint with the California Civil Rights Department (CRD, formerly DFEH) for discrimination, harassment, or retaliation under the Fair Employment and Housing Act. Filing with the CRD is a prerequisite to suing; most claimants request an immediate right-to-sue notice, after which they have one year to file in superior court (Government Code section 12965). The federal track through the EEOC is much shorter, generally 300 days in California, but FEHA usually offers broader coverage: it applies to employers with five or more employees (harassment claims reach employers of any size) and has no cap on compensatory damages. The three-year window is measured from each unlawful act, though continuing-violation doctrine can sweep in older related conduct. Waiting also erodes evidence, so earlier action is stronger action.

Authority: Cal. Gov. Code § 12960

Source: Cal. Gov. Code § 12960 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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