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.


Asked on 4/10/02, 11:29 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

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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Answered on 4/11/02, 4:54 pm


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