Q: I filed a discrimination complaint with HUD May 24th 2018. HUD contacted me 11 months later.
I responded and told HUD that I had a phone interview with DFEH April 16th, 2019. I filed the same complaint with DFEH November 05th 2018. DFEH closed my case because DFEH stated they lack jurisdiction to proceed forward on my complaint because the last date of harm is out of statute at which DFEH says the last date of harm was in late August 2017. The date discrimination started in late August 2017. I stated on the complaint form I filed with HUD and DFEH the last act of discrimination occurred 05/24/2018. I would like to know how long the statute to take my case to State Court or Federal Court. I also want to know which court would best serve my purpose. And if you can send information on a step by step procedures with filing forms with the courts state or federal. Right now I`m waiting on a response to my appeal, and what`s the time limit for the appeal process. I also wanted to add that DFEH said I can appeal to the same person that closed my case, Thank you.
A: In California you have one year from the date of the last act of discrimination to file your complaint with the DFEH. By your own admission, that complaint was filed November 5, 2018, which is it within The one-year timeframe for filing your complaint of discrimination. But you need to look at the face of the DFEH complaint you filed to see what actual date you included in the complaint itself. You didn’t provide sufficient information to learn why you filed with HUD instead of with the equal employment opportunity commission (EEOC) or the California Department of fair employment and housing (DFEH). Typically when you file with the DFEH they also file your complaint with the EEOC. At this point you should seek the advice of a good lawyer well-versed in employment and discrimination matters.
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