AB 9 Employment Discrimination

AB 9 has extended the statute of limitations to three years for complaints alleging employment discrimination. Photo by Icons8 Team on Unsplash.

Assembly Bill 9 goes into effect on Jan. 1, 2020, amending the Fair Employment and Housing Act (FEHA) to extend the statute of limitations from one to three years for complaints alleging employment discrimination.

Designed to assist victims of sexual harassment, AB 9 will require plaintiffs to file an administrative complaint with the Department of Fair Employment and Housing (DFEH) or Equal Opportunity Employment Commission (EEOC) within three years after the incident, before filing a civil lawsuit. The DFEH is largely responsible for enforcing California’s employment and civil rights laws.

The new language of AB 9 extends the statute of limitations to all FEHA protected classes who claim retaliation, harassment or discrimination.

Because of this extended statute of limitations, employers should keep detailed records of any personnel incidents or complaints, along with witness statements, performance evaluations, and other notes pertinent to the matter.

AB 9 prohibits its provisions from being interpreted to revive lapsed claims.



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