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:
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