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Court says no to unlimited right to sue

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in Human Resources

The Court of Appeal of California has refused to expand the time a former employee has to file a claim under the Fair Employment and Housing Act.

Recent case: Babek Pishvaee, an Iranian Muslim, worked as a research fellow in the University of California system. When his contract expired, he left the university.

More than a year later, Pishvaee filed a complaint with the California Department of Fair Employment and Housing, alleging he had worked in a hostile environment. He argued that alleged harassment based on his religion and national origin went on for years, a so-called continuing violation that allowed him to sue anytime.

The court didn’t buy Pishvaee’s argument because there was a specific end date to any possible harassment—his last work day. (Pishvaee v. Regents of the University of California, No. B210446, Court of Appeal of California, 2nd District, 2010)

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