Key Point:
- Under California’s FEHA, you generally must file an administrative complaint with the Civil Rights Department (CRD) within three years of the unlawful act before you can sue.
- After the CRD issues your right-to-sue notice, you generally have one year to file a civil lawsuit, though tolling and appeal rules can pause parts of that timeline while you use dispute-resolution processes or appeal a closed complaint.
- Deadlines are strict, so a discrimination lawyer should review your dates early.
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In employment cases, timing can decide everything. Even a strong discrimination, harassment, or retaliation claim can be lost if you miss a filing deadline. The FEHA statute of limitations sets those deadlines. Here’s what California employees need to understand in 2026.
What Is the FEHA Statute of Limitations?
The Fair Employment and Housing Act (FEHA) is California’s main anti-discrimination and anti-harassment law. Before you can sue under FEHA, you must go through an administrative step:
- Administrative deadline (CRD): You must file a complaint with the California Civil Rights Department (CRD) generally within three years of the date the unlawful practice occurred. This is a prerequisite to filing a civil lawsuit.
- Right-to-sue and the lawsuit window: After the CRD issues a right-to-sue notice, you generally have one year from that notice to file your civil lawsuit in court.
Missing either deadline can bar your claim entirely, which is why mapping your dates early is so important.
Tolling and Appeal Protections
California’s framework is designed so that using the system as intended doesn’t quietly cost you your deadline:
- Tolling during dispute resolution: Time spent in the CRD’s dispute-resolution processes can be tolled (paused), so trying to resolve the matter doesn’t eat into your time to sue.
- Extension when you appeal a closure: If you appeal a closed complaint with the department, the time to file a civil action can be extended, so your rights can be fully reviewed before you’re forced into court.
The practical effect: employees who participate in CRD processes or appeal a closure generally get more breathing room, rather than losing the courthouse door for doing the right thing.
Equal Pay Act Claims Have Their Own Clock
If your claim involves unequal pay, note that California’s Equal Pay Act runs on a different and longer track:
- The statute of limitations for state equal pay claims is three years, and
- Employees can recover back pay for violations going back up to six years in appropriate cases.
This is separate from the FEHA deadlines above, so a single situation can involve more than one clock running at once.
Why the Date the “Unlawful Practice Occurred” Matters
The administrative clock generally starts when the unlawful act happens, but identifying when that is can be complicated, especially with ongoing harassment, a series of discriminatory acts, or a delayed termination. Doctrines like the “continuing violation” rule can affect the start date. Because these determinations are fact-specific and outcome-determinative, this is exactly the kind of question to bring to an employment lawyer early. You may also want to review the California Workplace Rights Notice (SB 294) requirements, which are meant to keep workers aware of these protections.
What You Can Do
- Write down key dates: when the conduct occurred, when you complained, and when any adverse action happened.
- Don’t wait to ask. The safest move is to consult counsel well before any deadline.
- Preserve evidence of the discrimination, harassment, or retaliation.
- Talk to a discrimination lawyer who can calculate your specific deadlines and protect your claim.
How Bibiyan Law Group Can Help
Deadlines are the first thing that can quietly kill a strong claim, and the start date isn’t always obvious. Our California employment attorneys can:
- Map your specific CRD and lawsuit deadlines to the facts of your case;
- Apply tolling and appeal protections so time spent resolving your matter doesn’t count against you;
- Handle the CRD filing and build the claim while the evidence is fresh; and
- Identify related claims — such as wrongful termination or equal pay — that may run on their own, longer clocks.
Don't Let a Deadline End Your Claim
Even a strong discrimination, harassment, or retaliation claim can be lost to a missed deadline, and the start date of your clock isn’t always obvious. Our California employment attorneys can map your specific deadlines, apply the tolling and appeal rules to protect your time, handle the CRD filing, and build the claim while the evidence is fresh. We represent employees only, never employers, and we work on a contingency basis: your consultation is free, and you owe no attorney’s fee unless we recover for you. Contact us or call (310) 438-5555 to protect your claim before the clock runs.
Frequently Asked Questions
What is the FEHA statute of limitations in California?
You generally must file an administrative complaint with the California Civil Rights Department (CRD) within three years of the unlawful act and then file a civil lawsuit within one year of receiving a right-to-sue notice. Both deadlines are strict.
Can the FEHA deadline be paused?
Yes. Time spent in the CRD’s dispute-resolution processes can be tolled, and appealing a closed complaint can extend the time to file a civil action — giving employees more time to pursue their claims.
How long is the statute of limitations for equal pay claims in California?
California’s Equal Pay Act has a three-year statute of limitations, and employees may recover back pay for violations going back up to six years in appropriate cases. This is separate from the FEHA deadlines.
When does the FEHA clock start?
It generally starts on the date the unlawful practice occurred, but doctrines like the continuing violation rule can affect the start date in cases of ongoing harassment or a series of discriminatory acts. Because this is fact-specific, an attorney should review your timeline.
About the Author
David Bibiyan, Esq. is the founding attorney of Bibiyan Law Group, P.C., also operating as Tomorrow Law. He is a member of the California State Bar. He has dedicated his career exclusively to representing California employees, never employers, in wrongful termination, discrimination, harassment, retaliation, and wage and hour matters. Under his leadership, the firm has recovered more than $400 million in settlements and verdicts for workers across Los Angeles, Orange County, San Diego, San Francisco, Sacramento, and throughout California. The firm’s attorneys practice before the California Civil Rights Department, the Division of Labor Standards Enforcement, and state and federal courts across California.
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Disclaimer: This is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Legal results are not guaranteed and vary by case. Bibiyan Law Group P.C. also operates as Tomorrow Law.
David Bibiyan, a top attorney at Tomorrow Lawâ„¢, specializes in employment law, fiercely defending employees in cases of discrimination, harassment, wrongful termination, and wage issues. Known for his deep legal knowledge and dedication, he consistently secures favorable outcomes through skillful negotiation and litigation. His passion for justice drives his commitment to workers’ rights and fair employment practices.