Chandra Law Logo

How long do I have to file an employment-discrimination claim in California? (What is the statute of limitations?)

For a federal discrimination claim, you have 300 days from the last date of discrimination to file a charge with the EEOC.

For a state-law claim, you have three years to file a charge with the California Civil Rights Department, under the California Fair Employment and Housing Act (FEHA).

If your charge doesn't resolve during the administrative process through settlement discussion, you will then receive a right-to-sue letter that enables you to proceed with litigation.

It's often best to proceed with counsel because there are factual requirements for successful charges and engagement with the agencies for which legal knowledge can be helpful. Also, if you wait too long to get counsel until you obtain your right-to-sue letter with a 90-day expiration, many lawyers will find that they don't have enough time to investigate the case and draft a good complaint.

But if you can't find counsel, you must comply with the filing deadlines yourself. use the agencies websites to find forms.

If you believe you have a discrimination claim based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, you may contact us.

Before you do so, please organize your chronology of events and be prepared to explain

  • why you believe you have been discriminated against (or endured retaliation for opposing discrimination),
  • who the bad actors are,
  • what evidence you have of discriminatory motive (for example, what documents, what witnesses, direct statements, comparisons to others),
  • when these acts of discrimination occurred (critical to assessing statutes of limitations), and
  • how you have been harmed (monetary losses, emotional harm—and whether you have sought psychological or psychiatric treatment, physical injury).

This will make you most effective.


Related Practice Areas
Employment DiscriminationEmployment RetaliationSexual HarassmentCalifornia's Bane Act: Protecting Your Civil Rights from Threats and CoercionCalifornia’s Unruh Civil Rights Act: Your Right to Equal Treatment in Public PlacesFree Speech for California Public Employees: Where the Line Is DrawnSexual Harassment at Work in California: Your RightsCalifornia Fair Employment and Housing Act (FEHA): What It Means for YouCalifornia’s Anti-SLAPP Statute

Making the right choice in legal representation can make the difference in whether you achieve a result that protects your legal rights and best interests.

Tell Us About Your Case