Legal Question in Discrimination Law in California

Re: employment

Hello. I assume that by "and then turned away" you are saying that the DFEH turned you away, in that they took the charge, and then closed it, issuing you a Right to Sue. If this is the case, they will be of no further use to you. The amount of time you have to sue is set forth in the Notice.

If the DFEH closed your case with a "no cause" finding, but they cross-filed with the EEOC, you have ten days (not much, I know) to request that the EEOC review the findings. This is called a "substantial weight" review, a sort of appeal. The official who conducts this review will rarely second-guess the findings of the DFEH, but it is possible.

If the DFEH did not cross-file with the EEOC, you can still file with the EEOC either (1) within 30 days after the DFEH closes the case, or (2) within 300 days after the incident of discrimination -- whichever comes first. (So in most cases, it will mean that you have only 30 days from the time the DFEH case is closed.)

Re: employment

If you have filed a Complaint with the DFEH, you may request a right-to-sue letter giving you permission to bring a lawsuit in Superior Court.

If, however, you ignored the DFEH proceedings, they probably would have concluded in your opposition's favor and issued the right to sue at that time.

Either way, you have one year to bring your lawsuit after the DFEH issues it's right to sue letter.

Re: employment

To file suit within the time limits, regardless of DFEH or EEOC outcome. You need a Case Closure letter from one of those agencies, and it will specify the time limit you have to file. IF you are still timely and think you have a valid and valuable case, feel free to contact me to discuss. I've been doing such cases for over 20 years.