In Rickards v. United Parcel Service, Inc., the Court of Appeal held that the administrative complaint filed through Department of Fair Employment and Housing’s (“DFEH”) automated online system was properly verified where plaintiff’s attorney filed the complaint on plaintiff’s behalf and received an immediate right-to-sue letter.  There, the trial court granted summary judgment for UPS, holding that the Plaintiff himself did not verify the DFEH complaint and thus it was improper and barred the lawsuit.  The Court of Appeals disagreed.  First, it noted that the 2011 regulations confirmed what DFEH‘s automated system for online complaints has permitted since 2008—that verification of online complaints is permissible without a physical signature.  It went on and noted the online system was essentially intended to be used by complainants who have counsel, and therefore such complainants should not be penalized for retaining counsel.  Based on this, verification of the online DFEH complaint by counsel is permitted.

For more information, or if you need legal assistance, please contact the Wagner Legal Group, P.C. at (310) 857-5293 or fill out our contact form on the website.