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 State Employment Law Articles
Report Link STATUTE OF LIMITATIONS FOR FEHA CLAIMS ON THE VERGE OF EXTINCTION.Shaw Valenza LLP - January 02, 2009 The California Fair Employment and Housing Act (FEHA) requires an employee to file an administrative complaint of discrimination, harassment, or retaliation within one year of the alleged unlawful employment practice. This statute of limitations provides employees with time to assert their claims. It also protects employers from stale claims, faded memories, and unavailable witnesses, and makes it easier for the administrative agency involved (the Equal Employment Opportunity Commission (EEOC) or the state Department of Fair Employment and Housing (DFEH)) to investigate, obtain documents, find witnesses, etc. 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.
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Count and Sub-TopicsArticles Found: 3NO SUBTOPICSEmployment Law Seminars
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March 18, 2010 Vedder Price |
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