In Mitchell v. Department of Public Health, the Court of Appeal overturned a trial court’s determination that a Plaintiff’s claim for racial discrimination against his former employer should be dismissed by reason of Plaintiff’s failure to file suit within the relevant statute of limitations.

Plaintiff filed a claim for racial discrimination in violation of the California Fair Employment and Housing Act (FEHA) with the Equal Employment Opportunity Commission (EEOC), with a copy of the complaint also being automatically lodged with the Department of Fair Employment and Housing (DFEH). The DEFH issued a right-to-sue notice which granted Plaintiff a one-year period to bring a civil suit under the FEHA, a period that would be tolled – or stopped – pending an investigation by the EEOC. The EEOC later issued a federal-right to sue notice, which carried a 90-day limitations period. Plaintiff filed his FEHA civil action for racial discrimination 19 days after the federal limitations period expired, but less than one year after the DFEH issued its right-to-sue notice. The Court held that the language of the DFEH’s right-to-sue letter allowed for equitable tolling; therefore, Plaintiff could still bring his claim.

This case demonstrates that equitable tolling may still be a remedy for future plaintiffs who file a complaint after a federal limitations period has expired, but prior to the expiration of the claim under the FEHA.

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