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Filing A Workers’ Compensation Claim Can Equitably Toll The Deadline For Filing FEHA Claim

Filing A Workers’ Compensation Claim Can Equitably Toll The Deadline For Filing FEHA Claim

January 30, 2020 by Mark H. Wagner

In Brome v. California Highway Patrol, the Court held that the filing of a workers’ compensation claim can equitably toll the one-year deadline for filing a discrimination claim with the Department of Fair Employment and Housing where the workers’ compensation claim put the employer on notice of the worker’s potential discrimination claims, gave the employer an opportunity to identify and locate persons with knowledge of the events or circumstances causing the injury, and the worker exhibited good faith and reasonable conduct.  Moreover, the Court also noted that the officer raised a triable issue as to whether his working conditions were so intolerable that a reasonable employee would have resigned where he presented evidence that he was regularly denied backup assistance due to his sexual orientation, and there was evidence the employer knowingly permitted these conditions.

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.

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