Exhaustion of Administrative Remedies

The California Department of Fair Employment and Housing ("DFEH") is the State administrative agency responsible for "protect[ing] the people of California from unlawful discrimination in employment, housing and public accommodations, and from the perpetration of acts of hate violence."  According to the DFEH:

"The Fair Employment and Housing act ("FEHA"), at Government Code section 12965, subdivision (b), requires that individuals must exhaust their administrative remedies with the Department of Fair Employment and Housing by filing a complaint and obtaining a 'right-to-sue notice' from the Department before filing a lawsuit under the FEHA."

Thus, prior to filing suit in State Court for claims such as harassment or retaliation, a prospective Plaintiff must obtain a Right-to-Sue letter from the DFEH.  There is a very short time frame within which this must be done, i.e. one (1) year from the date of the last discriminatory act.  Failure to exhaust one's administrative remedies will cause his or her Complaint to be subject to dismissal for lack of jurisdiction.  Be mindful that exhaustion of administrative remedies is different then exhaustion of judicial remedies.  If a prospective Plaintiff wishes to appeal the decision in a quasi-judicial proceeding (such as that conducted by the State Personnel Board applicable to State government employees), he or she must do so by administratively challenging that decision through to a final ruling and then petitioning the State Court via Writ of Mandate.