• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Workers who pursue internal discrimination grievances have extra time to sue

by on
in Discrimination and Harassment,Employment Law,Human Resources

The California Fair Employment and Housing Act (FEHA) requires employees to file complaints with the appropriate state agency within one year of an alleged discriminatory act. But what happens if the employee delays going to the agency and instead tries to resolve the complaint using the employer’s own internal process? Does that give the employee extra time?

The answer is yes, according to the California Supreme Court.

Recent case:
John McDonald, Sylvia Brown and Sallie Stryker filed suit against the Antelope Valley Community College District, alleging racial harassment, racial discrimination and retaliation.

The college tried to have the case dismissed, alleging that the employees had missed their one-year deadline. The employees argued they should be able to sue because they had tried to use the college’s internal grievance process to resolve the matter—and shouldn’t be punished for doing so.

The California Supreme Court held that the statute of limitations on a FEHA claim is subject to equitable tolling—that is, employees get a time extension—when an employee voluntarily pursues an internal administrative remedy before filing a complaint under the FEHA. (McDonald v. Antelope Valley Community College District, No. S153964, California Supreme Court, 2008)

Final note: Here’s all the incentive you need to try to promptly resolve discrimination complaints. Delays don’t make the problem go away. Instead, delays just mean it will take longer for the lawsuit to be filed—and that increases the chance that faulty memories (or staff departures) will make important testimony unavailable.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/8332/workers-who-pursue-internal-discrimination-grievances-have-extra-time-to-sue "

Leave a Comment