January 21, 2008 Source:
WorkInjury.com
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CA/2:
Ct. Confirms When FEHA 1-Yr. Filing Deadline Can Be Defeated
The Second District Court of Appeal, in this partially published case, has ruled that circumstances can exist which defeat the application of the one-year statute of limitations for filing an FEHA complaint. And, more importantly, that this is a triable issue of fact which, with proper allegations, cannot be short-circuited by way of summary judgment.
Normally, a lawsuit must be filed within one-year from the filing of an administrative complaint with the Department of Fair Employment and Housing (the DFEH). But if there is a finding that a plaintiff continued to experience adverse employment activity after the filing of her administrative complaint, this would obviously extend the limitations period.
In this case, Hammond v. Co. of Los Angeles, a nursing instructor for the L.A. County Sheriff's Department sued her employer and supervisor for various FEHA violations involving race, age and retaliation.
The appellate court reversed a summary judgment against her, holding:
"... that there is a triable issue of one or more material facts as to whether one year after the filing of plaintiff's administrative -- the period of limitations -- she continued to experience an adverse employment activity so as to defeat the statute of limitations defense.
"We further hold that plaintiff has raised a triable issue of one or more material facts with respect to her claims for race discrimination, harassment based on race, age discrimination, and retaliation, all in violation of the FEHA."
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