Legal Question in Disability Law in California
exhaustion of remedies by a mentaly ill person
Is anyone aware of federal cases where a mentally ill person was given lienency with respect to the exhaustion of remedies doctrine? Specifically, is a mentally ill person precluded form raising mental disability discriminatin charges in a complaint if the person did not include mental diability in the EEOC administrative proceedings? It seems fair that a mentally ill person should not beheld to the same strict standard as healthy people, especially when the mentally ill person does not realize that they are mentall ill.
1 Answer from Attorneys
Re: exhaustion of remedies by a mentaly ill person
There are ways to file lawsuits under California statutes (FEHA), without using administrative proceedings. More facts are required.
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