What You Need to Know About California’s Statute of Limitations for Discrimination Claims
Filing discrimination claims can become a stressful process for employees. Here’s everything you need to know about California’s Statute of Limitations for Discrimination Claims.
In California, the statute of limitations for discrimination claims is three years. Discrimination claims can help ensure affected employees receive compensation.
Discrimination Claims in California
Employees who seek compensation after experiencing discrimination in the workplace can file a discrimination claim against their employer. California law refers to workplace discrimination as an “unlawful employment practice.”
A California employer can face a discrimination lawsuit if they fire or refuse to hire an individual based on:
- Race
- Religion
- Skin color
- Nationality
- Ancestry
- Physical disabilities
- Mental disabilities
- Medical condition
- Genetic information
- Marital status
- Sex
- Gender
- Gender identity
- Gender expression
- Age
- Sexual Orientation
- Military/Veteran status
Related: How to Prove Workplace Gender Discrimination in California
California’s Statute of Limitations for Discrimination Claims
A statute of limitations sets a time limit for an individual to request a legal proceeding. California’s statute of limitations for discrimination claims is three years. California employees who have experienced discrimination in the workplace must file a discrimination claim against their employer within three years from the incident. California courts may not offer compensation for employees.
How to File a Discrimination Claim in California
1. File a discrimination charge with the federal agency.
Individuals who have experienced discrimination in the workplace can file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The EEOC serves as the federal agency and upholds California’s labor laws.
Submit an online inquiry on the EEOC Public Portal and attend the following interview. The petitioner has 180 days to file the discrimination charge after receiving approval from the interview. File the discrimination charge on the EEOC Public Portal.
Related: How to File a Sexual Harassment Complaint in California
2. File a discrimination charge with California’s Department of Fair Employment and Housing (DFEH).
California’s Department of Fair Employment and Housing (DFEH) serves as the state agency and provides employees an alternative option for filing discrimination claims. Federal and state agencies provide a dual filing service where both agencies receive a copy of the discrimination charge regardless of which agency the petitioner filed at first. Filing with California’s DFEH means the petitioner does not need to file with the EEOC and vice versa.
3. Wait for a “right-to-sue” letter and file the discrimination lawsuit against the employer.
The EEOC and/or DFEH issue the petitioner a “right-to-sue” letter after approving the discrimination charge. The petitioner can file a lawsuit in federal court when they receive a “right-to-sue” letter. Petitioners have 90 days to file a discrimination lawsuit.
Petitioners can expect to include the following in their written complaint to the federal court:
- Name and contact information
- Employer’s name and contact information
- Evidence of discrimination from employee
- Law(s) the employer violated
- Damages the court can award
Contact Us
If you or a loved one would like to learn more about California Statute of Limitations For Discrimination Claims, get your free consultation with one of our Employment Attorneys in California today!