California employment law claim deadlines vary depending on the type of claim. The statute of limitations tells you how much time you have to act after an incident. In California, this is the deadline to file a legal claim or an employment lawsuit.
At Shimoda & Rodriguez Law, PC, we represent clients in wage and hour violations, employment discrimination, sexual harassment, wrongful termination, workplace retaliation, and whistleblower claims.
Filing deadlines vary by claim type. Many discrimination and harassment claims fall under the California Fair Employment and Housing Act (FEHA).
FEHA protects employees based on characteristics such as:
- Race
- Disability
- Gender or gender identity
- Age
- Military or veteran status
- Religion
- Sexual orientation
- National origin
These claims must be filed with an administrative agency before proceeding to court.
Filing Discrimination Claims in California
In California, claims involving discrimination, harassment, and retaliation claims are covered by FEHA and must generally be filed first with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH).
Employees typically have:
- Three years from the last discriminatory act to file with CRD.
- One year to file a lawsuit after receiving a Right-to-Sue notice.
Before 2020, employees had one year to file with DFEH. Assembly Bill 9 (AB 9) extended the filing period to three years.
Employment Law Updates Affecting Deadlines
California employment laws are evolving, and recent legislative updates may affect filing deadlines and recovery periods.
Equal Pay Act Changes (SB 642)
Recent changes to California’s Equal Pay Act expand protections for employees pursuing pay equity claims.
Key changes include:
- The statute of limitations for equal pay claims is three years from the last violation.
- Employees can now recover back pay for the full violation period, up to six years.
- The definition of “wages” includes all forms of compensation, such as salary, bonuses, stock options, and expense reimbursements.
These updates strengthen enforcement of equal pay rights under California employment law.
Sexual Assault Cover-Up Claims (AB 250)
California has also expanded legal options for survivors of workplace-related sexual assault cover-ups.
Under AB 250, the statute of limitations may be temporarily lifted for certain workplace sexual assault cover-up claims. From January 1, 2026, through December 31, 2027, qualifying survivors may be able to file claims even if the normal statute of limitations has already expired.
Victims of Violence Leave Protections (AB 2499)
Beginning in 2025, California expanded workplace protections for victims of violence. The law:
- Expands the definition of who qualifies as a victim
- Moves protections under the Fair Employment and Housing Act
- Requires employers to provide updated notices to employees
While this law primarily focuses on leave protections, it also expands the scope of retaliation claims if employees are penalized for exercising their rights.
Before Filing A Lawsuit for Employment Discrimination
When you choose Shimoda & Rodriguez Law, PC to file your lawsuit for employment discrimination, you understand that:
- You’re electing not to exercise your option to have DFEH investigate your complaint.
- You understand that an employment law attorney should file the lawsuit on your behalf.
- You understand that you have one year from the date of your Right to Sue notice to file a lawsuit.
- You understand that the DFEH will not file your complaint with the U.S. Equal Opportunity Commission (EEOC). If you wish to obtain a federal Right to Sue letter, you must file separately with EEOC.
What You’ll Need to Obtain a Right-To-Sue Letter
When contacting both Shimoda Law and the Department of Fair Employment and Housing, you’ll need:
- Contact information and a mailing address for the respondent, e.g., the person or employer that you’re filing against
- Contact information and a mailing address for any additional respondents, e.g., anyone else you wish to file against
- Contact information and a mailing address for the “Agent for Service.” This is the person who should be notified that you filed a complaint and obtained a Right to Sue notice. If you do not know the name of the person who should receive a copy of the complaint, you may provide contact information and a mailing address for the human resources manager. If you do not know the name of the human resources manager, provide contact information for the owner or president of the company.
How Long Does a CRD Investigation Take?
If you want the CRD to look into your complaint rather than immediately request a Right-to-Sue notice — the investigation may take a year or longer.
During an investigation, you may be asked to provide:
- Specific facts and records about the incident(s), including the name and contact information of the person or entity who committed the offense.
- Copies of emails, reports, or employment records.
- Names and contact information of witnesses.
If the agency finds a possible civil rights violation, it may try to resolve the dispute through mediation or other resolution services.
If the matter cannot be resolved, the agency may file a lawsuit on behalf of the employee.
Possible outcomes of a CRD investigation include:
- Recovery of out-of-pocket losses
- Injunctions prohibiting unlawful practices
- Policy changes or workplace training
- Job reinstatement or access to employment opportunities
- Emotional distress damages
- Civil penalties or punitive damages
Are There Exceptions to the California Employment Law Deadlines?
If you fail to contact an employment law expert like those here at Shimoda before the three-or two-year statute of limitations time runs out, then you will not be able to pursue legal action.
However, some exceptions may apply depending on the circumstances, including:
- Continuing violations
- Delayed discovery of harm
- Certain statutory exceptions created by new legislation
Because these situations are highly fact-specific, it is important to speak with an employment attorney as soon as possible.
Frequently Asked Questions About California Employment Claim Deadlines
How long do I have to file a discrimination claim in California?
Employees generally have 3 years from the last act of discrimination or harassment to file a complaint with the California Civil Rights Department.
How long do I have to file a lawsuit after receiving a Right-to-Sue letter?
After receiving a Right-to-Sue notice from the CRD, you typically have one year to file a civil lawsuit in court.
If the claim is filed with the EEOC, you generally have 90 days to file a lawsuit after receiving the federal Right-to-Sue notice.
What happens if I miss the statute of limitations?
If the filing deadline has passed, you may lose the right to bring a claim to court. In some cases, exceptions may apply, but they are limited.
Can I file both state and federal discrimination claims?
Yes. Employees may file claims with both the California Civil Rights Department (CRD) and the Equal Employment Opportunity Commission (EEOC), depending on the circumstances. But the EEOC has a much shorter time frame to file with them.
How We Approach Employment Law Claims
At Shimoda & Rodriguez Law, PC, we guide employees through each stage of the legal process.
- Initial Consultation: Our attorneys will speak with you and gather details about your situation.
- Review & Legal Strategy: Once we review the documentation and facts of your employment law claim, our team will develop a legal strategy to achieve the best possible outcome.
- Representation & Resolution: We explore resolution opportunities outside of court but are prepared to aggressively represent our clients in litigation when necessary.