Citations
- 58 Cal. App. 4th 1093
Full opinion text
Opinion
GRIGNON, J.
A cause of action under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) must be filed within one year of receipt of a right-to-sue letter from the California Department of Fair Employment and Housing (DFEH). An employee filed a charge of racial discrimination and harassment against his employer and supervisors with the DFEH and the United States Equal Employment Opportunity Commission (EEOC). Pursuant to a work-sharing agreement between the DFEH and the EEOC, the charge was processed by the EEOC. The employee filed this FEHA action three months after receiving a right-to-sue letter from the EEOC, but more than one year after receiving a right-to-sue letter from the DFEH. The trial court ordered the action dismissed following the sustaining of a demurrer on the ground of statute of limitations. We conclude the one-year statute was equitably tolled during the processing of the employee’s charge by the EEOC. Accordingly, this FEHA action was timely filed. We reverse.
Facts and Procedural Background
The EEOC has a work-sharing agreement with the DFEH. The agreement recognizes that the agencies share common goals and jurisdiction. In order to provide individuals with an efficient procedure for obtaining redress for their grievances under the relevant state and federal laws, the two agencies agreed to integrate their procedures to reduce duplication of effort. The EEOC and the DFEH each designated the other as its agent for receiving charges and agreed to forward to the other agency copies of all charges potentially covered by the other agency’s statute. The EEOC and the DFEH also agreed each agency would have the initial responsibility for processing certain claims. The responsible agency was to notify the other agency of its final action. Rather than waiting to issue a right-to-sue letter at the end of the EEOC’s investigation, the DFEH apparently routinely issues its right-to-sue letter at the time an investigation is deferred to the EEOC under the work-sharing agreement.
On March 15, 1993, plaintiff and appellant Floydell Downs filed a charge of racial discrimination and harassment in violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.) with the EEOC against defendants and respondents the Department of Water and Power of the City of Los Angeles, the City of Los Angeles, James R. Orosel, a district manager of the department, and Ronald D. Van Deest, an assistant district manager of the department (collectively DWP). On the same day, the EEOC automatically filed a copy of the charge with the DFEH under the work-sharing agreement.
That same day, DFEH sent a letter to Downs which provided as follows: “Notice to Complainant and Respondent [<]□ This is to advise you that subject complaint is being referred to the [DFEH] by the federal [EEOC]. The complaint will be filed in accordance with California Government Code Section 12960. This notice constitutes service pursuant to Government Code Section 12962. [<][] No response to the State is required by the respondent. [U The [EEOC] will be responsible for the processing of this complaint. That agency should be contacted directly for any discussion of resolution of the charge. DFEH is closing its case on the basis of ‘processing waived to another agency.’ [