Expansion of Statute of Limitations to File DFEH Complaints

Expansion of Statute of Limitations to File DFEH Complaints

The time limit to file a complaint with the Department of Fair Employment & Housing (DFEH) for an unlawful employment practice under the Fair Employment & Housing Act (FEHA) has historically been within one year from the date of the alleged misconduct. But the one-year time limit has now been expanded to three years. This likely will increase charge activity given the longer period to file, and it may increase the difficulty of defending against charges due to the passage of time. Employers will also need to review their record retention policies for documents relating to DFEH complaints, such as job applications and interview files involving rejected candidates, in order to accommodate the extended period. Complaints already time-barred as of January 1, 2020 do not revive as a result of the expansion of the statute of limitations, but the time limit to file any DFEH complaint not yet lapsed under the old one-year limitations period as of January 1, 2020 will get the benefit of the longer three-year period.