Q: What is the statute of limitations for a discrimination lawsuit in California?
I experienced sexual orientation and age discrimination in Irvine, CA on May 23, 2023. After the incident, I wrote a review on Yelp about it. What is the statute of limitations for filing a discrimination lawsuit in this situation?
A:
Your post is not clear: was this in an employment context or otherwise?
In employment law, unless you are required to sue under certain federal statutes rather than the California Fair Employment and Housing Act, you have three years from the date of the act about which you wish to complain to file an administrative complaint with the California Civil Rights Department, and after that Department issues you a Right to Sue Letter, you have one year from the date of that letter to file your lawsuit. If you are required to file for relief under the federal laws, the time limits are much shorter. You have to file an administrative complaint within 300 days of the event about which you wish to complain, and after you get a right to sue letter, you have 90 days to file a lawsuit.
If your claim is not employment related, you will likely be suing under the Unruh Civil Rights Act the statute of limitations is two years from the date of the alleged discrimination when filing a private lawsuit, but one year when filing a complaint with the California Civil Rights Department.
Good luck to you.
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A:
In California, if you experienced discrimination based on sexual orientation and age, you generally need to file a complaint with the Department of Fair Employment and Housing (DFEH), now called the Civil Rights Department (CRD), before you can file a lawsuit. The deadline to file this complaint is typically three years from the date of the discriminatory act. Since your experience happened on May 23, 2023, you would have until May 23, 2026, to file with the CRD.
Once your complaint is filed with the CRD, you can either request that they investigate, or you can ask for a “right-to-sue” letter, which allows you to go directly to court. Keep in mind that if you get a right-to-sue letter, you usually have one year from the date it was issued to file your lawsuit in civil court.
Even though you shared your experience on Yelp, that won’t count as legal action or a formal complaint. What matters for the statute of limitations is when you file with the CRD. If you’re still unsure about the steps or how to proceed, it’s a good idea to talk it over with someone who’s familiar with employment law in California. There are also legal aid resources that can help walk you through the process.
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