Updated January 9, 2026
What Is The Statute Of Limitations For A Feha Discrimination Claim Filed In Court After Receiving A Right To Sue Letter In California?
Missing the FEHA statute of limitations can instantly destroy your workplace discrimination or harassment case—no matter how strong your evidence.
Did you know that before 2020, California employees had just one year to file their claims? However, thanks to Assembly Bill 9 (the “Stop Harassment and Reporting Extension” Act), workers now have three years to take action. Unfortunately, many employees still lose their right to justice simply because they don’t understand these critical deadlines.
In fact, timing is everything when pursuing a workplace claim in California. The specific date you experienced discrimination, the type of violation that occurred, and when you file the necessary paperwork all determine whether your case can proceed. Consequently, understanding the FEHA statute of limitations isn’t just helpful—it’s essential to protecting your rights.
Above all, knowing exactly when your clock starts ticking can make the difference between securing justice and having your case dismissed before it’s even considered. This guide will walk you through everything you need to know about FEHA time limits and how to ensure you don’t miss your opportunity to stand up for your workplace rights.
Understanding FEHA and Its Time Limits
The California Fair Employment and Housing Act (FEHA) stands as one of the state’s strongest shields against workplace injustice. Initially enacted in the 1970s, this comprehensive law protects employees from discrimination, harassment, and retaliation based on protected characteristics .
What is the FEHA statute of limitations?
The FEHA statute of limitations defines the specific timeframe during which an employee must file a claim alleging discrimination, harassment, or retaliation . This legal deadline serves as a crucial boundary—once crossed, even the most compelling cases may be dismissed without consideration.
Currently, the FEHA statute of limitations allows employees three years from the date of the alleged violation to file a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH) . This filing is mandatory before pursuing any lawsuit in court.
During this process, employees have two options after filing with the CRD:
- Request an immediate “right-to-sue” letter to proceed directly to court
- Allow the CRD to investigate the complaint, which may take several months
- Preserves your right to pursue legal action
- Ensures evidence remains fresh and reliable
- Signals to employers that your claim is being pursued diligently
- Process what happened to them emotionally
- Understand their legal rights and options
- Feel comfortable and safe coming forward
- Gather evidence and consult with attorneys
- Workers’ compensation retaliation: One year under Labor Code §132a
- Equal Pay Act violations: Two years (or three years for willful violations)
- Standard federal deadline: 180 days from the alleged violation
- Extended deadline when cross-filed with state agency: 300 days
- Immediate request: You may request the letter immediately after filing your initial complaint, bypassing the CRD investigation process entirely . This allows you to proceed directly to court with the assistance of an attorney .
- After investigation: Alternatively, you can wait for the CRD to complete its investigation of your complaint before requesting the letter .
Once the right-to-sue letter is issued, regardless of which path is chosen, employees have exactly one year to file a civil lawsuit . Therefore, the total timeline from incident to court filing can potentially stretch to four years.
How Assembly Bill 9 changed the timeline
Prior to January 1, 2020, California employees faced a much tighter deadline—just one year from the alleged violation to file their administrative complaint . This restrictive timeline often created barriers for victims who needed time to process traumatic experiences, understand their rights, or gather courage to come forward.
Assembly Bill 9 (AB 9), also known as the Stop Harassment and Reporting Extension (SHARE) Act, dramatically extended this deadline from one year to three years . While initially conceived in response to the #MeToo movement to support sexual harassment victims, the extension applies to all forms of discrimination, harassment, and retaliation prohibited under FEHA .
Former Governor Jerry Brown had previously vetoed similar legislation, arguing that the one-year statute “encouraged prompt resolution while memories and evidence are fresh” . Nevertheless, Governor Gavin Newsom signed AB 9 into law, acknowledging the need for additional time for victims to process their experiences and seek justice .
It’s worth noting that AB 9 does not revive claims that had already expired under the previous one-year rule . Additionally, federal discrimination claims filed with the Equal Employment Opportunity Commission (EEOC) still maintain much shorter deadlines—either 180 or 300 days, depending on circumstances .
Why deadlines matter for your legal rights
Meeting the FEHA statute of limitations is absolutely essential for preserving your legal options. Failing to file within the three-year window typically results in complete dismissal of your case, regardless of its merit .
For employees, filing within the statutory period offers several critical advantages:
Moreover, the extended timeline provides important benefits for individuals who have experienced workplace violations. Many victims need time to:
From the employer perspective, understanding these deadlines remains equally important. The longer timeline creates challenges in defending against claims that may surface years after the alleged incident, particularly as witnesses may leave the company, memories fade, or records become unavailable .
Ultimately, the FEHA statute of limitations strikes a balance between giving victims adequate time to pursue justice while maintaining a reasonable timeframe for resolution of workplace disputes.
Timelines for Different Types of Claims
Different workplace violations come with different filing deadlines. Understanding these specific timelines can determine whether your case proceeds or gets dismissed.
Discrimination and harassment claims
The FEHA statute of limitations for discrimination and harassment claims is three years from the date of the alleged violation . Once you file with the California Civil Rights Department (CRD), you’ll eventually receive a “right-to-sue” letter. From that point, you have exactly one year to file a lawsuit in civil court .
This extended timeline is relatively new—before January 1, 2020, employees had just one year to file their initial complaint . The change came through Assembly Bill 9, which tripled the filing period specifically to help victims who need more time to process their experiences and seek justice .
For ongoing harassment cases, the statute of limitations begins from the last incident of harassment . This means if you experienced a pattern of harassment over time, your three-year countdown starts from the most recent occurrence, not the first.
Retaliation and whistleblower claims
Retaliation claims under FEHA follow the same three-year timeline as discrimination claims . This applies when you’ve faced negative consequences for reporting discrimination, participating in an investigation, or opposing unlawful practices.
Unlike FEHA claims, whistleblower retaliation cases under California Labor Code §1102.5 don’t require administrative exhaustion . This means you can file directly in court without first going through the CRD. Yet, these claims still carry a three-year statute of limitations .
Other specialized retaliation claims have unique deadlines:
Federal vs. state filing deadlines
The gap between federal and California deadlines is substantial. While FEHA gives employees three years to file discrimination claims , federal Title VII claims must be filed with the Equal Employment Opportunity Commission (EEOC) much sooner:
Furthermore, after receiving an EEOC right-to-sue letter, you have just 90 days to file a federal lawsuit —significantly less than the one-year period under California law.
The difference creates a critical strategic decision: pursuing state protections gives you more time but requires understanding California-specific laws, whereas federal claims must be filed quickly but might offer different remedies or protections.
For optimal protection, many employment attorneys recommend filing with both agencies simultaneously, essentially preserving your right to pursue either path as your case develops.
The Right-to-Sue Letter Explained
A right-to-sue letter serves as your official authorization to file a lawsuit under the Fair Employment and Housing Act (FEHA). Understanding this document is crucial for navigating California’s employment discrimination legal process.
What it is and why it matters
The right-to-sue letter is an official document issued by the California Civil Rights Department (CRD, formerly DFEH) that grants you permission to pursue a civil lawsuit against your employer for discrimination, harassment, or retaliation . This letter confirms you’ve completed the required administrative process before taking legal action .
Obtaining this letter is not optional—it’s a mandatory legal prerequisite for filing a discrimination lawsuit in California state court . Without this document, your case cannot proceed regardless of its merits .
Notably, receiving a right-to-sue letter doesn’t indicate whether the CRD found merit in your claims . Instead, it simply signals that you’ve fulfilled the administrative requirements and may now pursue your case through the court system rather than through the agency’s process .
How to request a right-to-sue letter
You can request a right-to-sue letter in two ways:
To obtain an immediate right-to-sue letter, complete these steps:
- File a complaint through the CRD’s online portal at: https://calcivilrights.ca.gov/obtainrighttosue/
- Alternatively, download and print the right-to-sue form, then submit it via email or mail
- Provide comprehensive information about the discriminatory conduct
- Clearly state your preference for an immediate right-to-sue letter
First-time users must create a free account in the Cal Civil Rights System (CCRS) . Processing times typically range from 30-60 days for immediate requests .
What happens after you receive it
Once you receive your right-to-sue letter, a critical countdown begins. You have exactly one year from the date of the letter to file your lawsuit in court . This one-year period is strictly enforced with very limited exceptions .
Missing this deadline will likely result in your case being dismissed, causing you to permanently lose your right to sue under FEHA . Courts rarely grant extensions to this deadline .
For comparison, federal discrimination claims have a much shorter window—just 90 days from receiving an EEOC right-to-sue letter to file a federal lawsuit .
Upon receiving your letter, you should:
- Calendar the one-year deadline immediately
- Consult an employment attorney promptly
- Begin gathering evidence and preparing your complaint
- Ensure you properly serve all named defendants according to California’s service of process rules
Be aware that requesting an immediate right-to-sue letter means forfeiting your option to have the CRD investigate your complaint . Generally, this is advisable only if you already have legal representation .
How to File a FEHA Claim Step-by-Step
Filing a FEHA claim involves navigating several procedural steps that must be completed correctly to maintain your legal rights. Following this structured process helps ensure you don’t miss any critical deadlines that could jeopardize your case.
Check if your case qualifies under FEHA
First, determine if your situation falls under FEHA protection. Your claim qualifies if:
- Your employer has five or more employees (compared to the federal minimum of 15)
- The discrimination, harassment, or retaliation was based on a protected characteristic such as race, religion, gender, disability, age (40+), sexual orientation, or other protected categories
- The incident occurred within the past three years
Collect evidence including incident records, relevant documents, witness contact information, and any communication related to the alleged discrimination or harassment .
File with the California Civil Rights Department (CRD)
Once you’ve confirmed eligibility, file your complaint with the CRD (formerly DFEH). You can submit through:
- The online California Civil Rights System (CCRS) portal (fastest method)
- Downloadable intake forms submitted via email or mail
- Telephone at 800-884-1684
Provide comprehensive information about the incident, including names and contact details of those involved, specific facts about what occurred, and any supporting documentation .
Participate in the investigation or request early right-to-sue
Subsequently, you have two options:
- Allow CRD to investigate your complaint (recommended if you don’t have an attorney)
- Request an immediate right-to-sue letter to proceed directly to court
For investigation, a CRD representative will conduct an intake interview, evaluate your claims, and determine if a formal complaint can be accepted . Afterward, they’ll prepare a complaint form for your signature, which will be sent to your employer .
Prepare for mediation or court
Following your filing, consider these preparation steps:
- Evaluate whether mediation might be beneficial—it can resolve issues without lengthy litigation
- If proceeding to court, remember you have exactly one year from receiving your right-to-sue notice to file a lawsuit
- Consult with an employment attorney to assess the strengths and weaknesses of your case
- Preserve all relevant evidence, including emails, performance reviews, and witness statements
Remember that failing to exhaust administrative remedies through the CRD process before filing a lawsuit will result in dismissal of your court case .
Avoiding Common Mistakes and Missed Deadlines
Even strong workplace discrimination cases can collapse due to procedural missteps. Understanding these common pitfalls will help safeguard your legal rights.
Misunderstanding the start of the deadline
Many employees incorrectly calculate when their three-year FEHA statute of limitations begins. The clock starts on the date of the alleged unlawful act—not when you realized your rights were violated. For ongoing harassment cases, the deadline begins with the most recent incident. Importantly, AB 9 does not revive claims that had already expired under the previous one-year rule as of January 1, 2020 .
Losing or misplacing your right-to-sue letter
After receiving your right-to-sue letter, you have exactly one year to file a lawsuit . Misplacing this document can create serious complications. Store multiple copies in different locations and immediately calendar the one-year deadline. Without meeting this deadline, courts will likely dismiss your case regardless of merit .
Waiting too long to consult a lawyer
Delaying attorney consultation often leads to preventable procedural errors that destroy valid claims. An experienced employment lawyer helps avoid strategic mistakes in describing events, choosing claims, or selecting agencies . Early legal guidance ensures proper complaint filing and prevents inconsistencies that defense attorneys will exploit later.
Failing to preserve evidence
Documentation becomes increasingly critical as time passes. Begin gathering evidence immediately after incidents occur . Create dedicated physical and digital folders for all relevant materials. Save communications to personal devices, maintain detailed incident logs, and document everything contemporaneously—not reconstructed months later when memories fade . Employers should retain records for at least four years since claims may arise long after incidents .
Conclusion
Understanding FEHA statute of limitations stands as a critical safeguard for your workplace rights in California. The extension from one year to three years through Assembly Bill 9 represents a significant victory for employees needing time to process difficult experiences before taking legal action. Nevertheless, these deadlines remain strict and unforgiving when missed.
Time management becomes your strongest ally when facing workplace discrimination or harassment. Each step in the process carries its own deadline – three years to file with the California Civil Rights Department, followed by one year after receiving your right-to-sue letter to initiate a lawsuit. Missing either deadline will likely result in permanent dismissal of your case, regardless of its merit.
Documentation also plays a crucial role throughout this timeline. Evidence tends to weaken over time as memories fade, witnesses relocate, and records disappear. Therefore, preserving all relevant materials from the moment an incident occurs protects your ability to build a strong case later.
Federal and state deadlines differ substantially, which creates additional complexity for California employees. Your strategic decisions about where to file must account for these varying timelines while considering the different protections each option offers.
Consulting with an employment attorney early helps navigate these procedural requirements while avoiding common mistakes that could jeopardize your case. Many valid claims fail simply because employees misunderstood deadlines or missed critical filing steps.
FEHA provides powerful protections for California workers, but these protections depend entirely on your ability to act within the prescribed timeframes. The statute of limitations exists to balance giving victims adequate time while ensuring cases proceed with reasonable efficiency. Understanding these deadlines thoroughly ensures your workplace rights remain protected when you need them most.
Related Article
Unfair treatment in the workplace can take many forms, and navigating the legal landscape can be challenging. However, understanding your rights and the steps involved in pursuing a lawsuit can empower you to take action. If you believe you have experienced unfair treatment, consult with a knowledgeable employment law attorney to explore your options and determine the best course of action.
