Beginning January 1, 2020, AB 9 (Reyes), Chapter 709, extends to 3 years the statute of limitations for complaints alleging employment discrimination (up from the current one year). The new law specifies the operative date of the verified complaint is the date that the intake form was filed with the Labor Commissioner.
The new law also makes conforming changes to current provisions that grant a person allegedly aggrieved by an unlawful practice who first obtains knowledge of the facts of the alleged unlawful practice after the expiration of the limitations period.
AB 9 provides that complaints alleging a violation of the Unruh Civil Rights Act shall not be filed after the expiration of one year from the date upon which the alleged unlawful practice or refusal to cooperate occurred. However, a complaint alleging any other violation of the Act shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.
In addition, this law prohibits its provisions from being interpreted to revive lapsed claims.
Chris Micheli is an attorney and legislative advocate with the Sacrament governmental relations firm of Aprea & Micheli, Inc. He can be reached at (916) 448-2075 or [email protected].