Cal. Gov. Code § 12940
Discrimination / Harassment
Claims involving protected-class discrimination or harassment.
Statute of Limitation in California
The statute of limitations for filing a complaint regarding discrimination or harassment is typically one year from the date of the alleged discriminatory act.
Deadline Calculator
Exceptions & Conditions
An exception occurs when the claimant is a minor or mentally incapacitated, which may extend the time allowed for filing a claim. Additionally, if the employer's actions prevent the individual from discovering the discrimination, the filing period may be tolled. Contact an attorney.
Example Scenario
If an incident of workplace discrimination occurs on July 1, 2022, the complaint must be filed by July 1, 2023.
Understanding Statutes of Limitations in California
The statute of limitations for discrimination / harassment in California acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by California state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for discrimination / harassment after the 1-years period has expired, the defendant will likely file a motion to dismiss the case. In California, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, California law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in California serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (1 years in this instance), potential liability is extinguished.
Can this be resolved in California Small Claims court?