March 11, 2014

FEHA Statute of Limitations Subject to Equitable Tolling

California Employment Law Update

The plaintiff in McDonald v. Antelope Valley Community College, a job application for a library administrative staff position, repeatedly applied for a position with the defendant, a community college, but was turned down.  After being rejected for a third time, the plaintiff filed a formal complaint of discrimination with the California Community Colleges Chancellor’s Office.  The defendant subsequently hired a private firm to conduct an impartial fact-finding investigation of the plaintiff’s claim.  The Chancellor’s Office further advised plaintiff in a letter that she could file a Fair Employment and Housing Act (“FEHA”) complaint with the Department of Fair Employment and Housing (“DFEH”).