In Harris v. County of Orange, the Ninth Circuit Court of Appeals ruled that the single filing rule permits other plaintiffs to “piggyback” on the timely filed administrative complaint of a named plaintiff. The Court noted that a plaintiff asserting claims of discrimination pursuant to the FEHA must exhaust the statute’s administrative remedies before filing a lawsuit by filing an administrative complaint with the DFEH. Here, the named plaintiff filed a timely complaint with the DFEH and received a Right To Sue Letter. The County argued against the single filing rule by arguing that an administrative complaint must say “class action” or “on behalf of others similarly situated” before it can qualify for the single filing rule. The Court disagreed and noted that the other plaintiffs were part of the same action as the named plaintiff who timely filed an administrative complaint. As such, it was sufficient to establish exhaustion of administrative remedies for all class members. The Court noted the purpose of the administrative complaint and notice to the County was satisfied by the single filing rule.

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