When an employee with a discrimination beef voluntarily pursues an internal administrative remedy—such as a grievance or complaint procedure—prior to filing a discrimination complaint under the California Fair Employment and Housing Act (FEHA), does that extend the time the employee has to file a FEHA charge? The California Supreme Court, in a new case, says yes.
The case involved Sylvia Brown, a library technician assistant for Antelope Valley Community College District, near Los Angeles. After being passed over for promotion several times, Brown filed an internal race bias complaint.
The internal investigation concluded that Brown had not been discriminated against. While pursuing internal appeals, Brown also filed a FEHA charge and then a lawsuit—a year and a half after the last act of alleged discrimination. The district asked the court to throw out the lawsuit, arguing that Brown’s suit was too late because a FEHA charge must be filed no later than one year after the last discriminatory act.
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But the California Supreme Court ruled in Brown’s favor, saying that while Brown was pursuing her internal remedies with the district, the one-year statute of limitations to file her FEHA complaint may have been tolled (or suspended)—so her lawsuit wasn’t time-barred.
Want to know why? Check out upcoming issues of the California Employer Advisor, where we’ll have more coverage of this case, including the court’s reasoning and what the decision means for your internal complaint procedures.
Is Your Complaint System All It Can—and Should—Be?
An employee comes to you and says that she was sexually harassed by a supervisor. Or perhaps someone reports that a co-worker is violating a company policy, or tells you that an expensive piece of equipment is dangerous and should be replaced.
How you respond to complaints like these could make the critical difference between a prompt and effective resolution of the matter and an expensive lawsuit. And in many cases—such as those involving allegations of sexual harassment or workplace safety violations—you have a legal duty to investigate.
In fact, correctly handling employee complaints can be the single most important factor in preventing employee lawsuits or helping you successfully defend yourself if a suit is filed. At a minimum, an appropriate investigation can demonstrate that you acted fairly and in good faith, should your responsiveness ever come under scrutiny. On the other hand, failing to act or making mistakes in the course of an investigation can greatly increase your legal risks.
The key to success is having a uniform workplace investigation policy in place and then approaching each complaint in an organized and consistent way. And that’s where we can help. Our comprehensive publication, Employee Complaints: An Investigation and Action Guide, is designed for use by all California employers—regardless of size—as a checklist to help focus on the critical issues surrounding employee complaints. And, the guide includes a bonus: a sample employee complaint form that you can customize to meet the unique needs of your organization.
This practical guide is free with a CEA Online subscription. And if you’re not already a CEA Online subscriber, you can access the guide by signing up for a complimentary 7-Day Trial.
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