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State Employment Law Articles
Article Index » california » fair employment and housing act (feha) » Limitations Period
Report Link California Supreme Court: Voluntary Administrative Proceedings Toll Limitations Period under FEHA.
Jackson Lewis LLP - November 07, 2008
The California Supreme Court has held the one-year statute of limitations on claims under the California Fair Employment and Housing Act (“FEHA”) is subject to equitable tolling while an employee pursues an internal administrative remedy before filing a claim. McDonald v. Antelope Valley Community College Dist., No. S153964 (Cal. Oct. 27, 2008). The Court agreed with the Court of Appeal that the trial court incorrectly dismissed one plaintiff’s claims on statute of limitations grounds and returned the case to the trial court for further proceedings.
Report Link McDonald v. Antelope Valley Community College District: An Employee's Use of an Employer's Internal Complaint Procedure May "Equitably Toll" the Time Limit for Filing a DFEH Complaint.
Littler Mendelson, P.C. - November 06, 2008
In McDonald v. Antelope Valley Community College District, No. S153964 (Oct. 27, 2008), the California Supreme Court recently held that the one-year statute of limitations for discrimination complaints with the Department of Fair Employment and Housing (DFEH) may be tolled by an employee's good faith use of his employer's internal administrative remedies. Employers who utilize internal investigational processes must now, more than ever, properly manage these processes and document the results.
Report Link The “Continuing Violation” Doctrine Revisited [PDF File].
O'Melveny & Myers LLP - October 01, 2001
Discusses Richards v. CH2M Hill, Inc. No. S087484 (Cal. August 23, 2001), in which the court held that, under certain circumstances, employers can be held liable for unlawful harassing or discriminatory actions under the California Fair Employment and Housing Act (FEHA) occurring outside the applicable one-year statute of limitations.

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