STATUTE OF LIMITATIONS FOR DISCRIMINATION, HARASSMENT AND RETALIATION CLAIMS EXTENDED TO THREE YEARS

Under current law, individuals have one year to file a complaint with the Department of Fair Employment and Housing (DFEH) for purported FEHA violations, such as discrimination, harassment and retaliation. Failure to comply with this administrative requirement means an individual cannot pursue FEHA claims in court.

AB 9 extends the statute of limitations to three years. This bill is a repeat of 2018’s AB 1870, which Governor Edmund G. Brown Jr. vetoed, stating at the time that the one-year filing deadline “not only encourages prompt resolution while memories and evidence are fresh, but also ensures that unwelcome behavior is promptly reported and halted.” Given this statute of limitations extension, it will become especially important for employers to keep detailed, accurate and contemporaneous employment-related documentation.

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