Timing of California Department of Fair Employment and Housing Act Complaint(s)

A complaint generally must be filed within one year from the date upon which the alleged unlawful practice occurred. Nevertheless, the one-year period may be extended for an additional 90 days if the person alleging to be harmed first obtains knowledge of the unlawful practice more than one year from the date of their occurrence. The statute of limitations generally begins to run at the time the action in question takes effect.

Chronology of DFEH Complaint Process

The following is a summary of some of the principal time constraints imposed on the complaint resolution process under the Fair Employment and Housing Act. The following is a summary of some of the principal time constraints imposed on the complaint resolution process under the Fair Employment and Housing Act. 

• Date of Alleged Discriminatory Act 
• Verified complaint must be filed within one year of the unlawful practice or, if the individual aggrieved by such practice first obtains knowledge of the facts of the unlawful practice after such period, within one year and 90 days of the unlawful practice.
• Service of verified complaint upon the employer or other respondent alleged to have committed the unlawful practice must be made within 60 days after the complaint is filed.
• Upon the complainant’s request, California Department of Fair Employment and Housing must issue the complainant a right-to-sue letter if no civil action is issued within 150 days of the date the complaint is filed or if it earlier decides not to bring a civil action. If the complainant does not request a right-to-sue letter earlier, California Department of Fair Employment and Housing must issue the letter upon completion of its investigation, but not later than one year after the complaint is filed. Complainant has one year after receiving right-to-sue letter to file a civil action.
• Civil action may be filed by California Department of Fair Employment and Housing within one year after the complaint is filed (or within two years in the case of a group or class complaint).