Tuesday, April 21, 2009

Equitable Tolling of Discrimination Claims

Before filing a complaint of discrimination, you are required to file an administrative complaint with the Department of Fair Employment and Housing. That time limit is normally one year from the last act. (Disclaimer: You must consult an attorney regarding the specific facts of your case to determine applicable time limits.)

The California Supreme Court has extended that time limit in some situations. The Court ruled that employees who first follow internal complaints or some other mechanism to resolve discrimination claims "toll" the time limit for filing administrative complaints with the Department of Fair Employment and Housing.

The doctrine is called "equitable tolling," and the decision can be found here: www.courtinfo.ca.gov/opinions/archive/S153964.DOC

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