Filing A Lawsuit

Before filing a lawsuit over a violation of the federal Age Discrimination in Employment Act or the Fair Employment and Housing Act of California (FEHA), an employee must file a complaint with a government agency. For a federal law claim, the agency is the Equal Employment Opportunity Commission (DFEH). For violations of California law, the employee must complain to the Department of Fair Employment and Housing (DFEH) of the age discrimination.

If an employee fails to make such a complaint or makes it too late, the employee may be forever precluded from bringing a lawsuit over the discrimination.

Department of Fair Employment and Housing Procedures and Deadlines

Generally, an employee claiming age discrimination under the FEHA must make a complaint to the DFEH within one year of the discrimination. The DFEH website allows an employee to make a complaint online. The employee may request that the DFEH investigate or, instead, issue an immediate right-to-sue notice. Once the DFEH issues the notice, the employee has one year to file a discrimination lawsuit in a California Superior Court.

Equal Employment Opportunity Commission Procedures and Deadlines

An employee who wishes to sue over a violation of the ADEA must generally complain of the discrimination within 180 days of its occurrence. There are additional and different time limits for employees of the federal government. The EEOC will investigate the claim. Once the investigation is completed, the EEOC will generally issue the employee a right-to-sue notice. The employee has 90 days from the date of the notice to file suit.

For a free consultation about age discrimination in the workplace with an experienced employee rights attorney, contact David Spivak:

For further information on your rights in the work place, please visit our other websites:

Wrongful termination
Sexual harassment
Unpaid wages and overtime
Family and medical leave
Pregnancy discrimination
Disability discrimination
Age discrimination
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