California Government Code section 12960 (time to file a verified complaint with the department)
Published by California Legislative Counsel (leginfo.legislature.ca.gov). Jurisdiction CA.
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Section 12960(e)(5) provides that a complaint alleging a violation of Section 51.9 of the Civil Code, or any other violation of Article 1 commencing with Section 12940 of Chapter 6, shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.
claim ca-gov-code-12960#c1Section 12960(e)(1) provides that a complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to the article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.
claim ca-gov-code-12960#c2Section 12960(e)(3) provides that a complaint alleging a violation of Article 9.5 commencing with Section 11135 of Chapter 1 of Part 1 shall not be filed pursuant to the article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.
claim ca-gov-code-12960#c3Section 12960(e)(6) provides for extensions of those periods in specified circumstances, including discovery of the facts within 90 days after the expiration of the period, correction of the identity of the employer, and attainment of the age of majority.
claim ca-gov-code-12960#c4
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Reviewer notes
This is the deadline that determines whether an employment claim under the Fair Employment and Housing Act can be brought at all, and it is the counterpart to the federal charge-filing limits already recorded in this corpus. Three years is the period for an Article 1 complaint under subdivision (e)(5), which is the branch that covers section 12940 practices. Different Civil Code claims carry a one year period under subdivision (e)(1), so the deadline depends on what is alleged rather than on where the person worked. This record states the administrative filing period only; the separate period to bring a civil action after a right-to-sue notice is not addressed here.