This is the first step an employee takes before initiating legal action for violations of federal or state discrimination laws. The employee must file a charge of discrimination with the DFEH within one year of the alleged discriminatory conduct. As is typically the case, the employee requests an immediate right to sue letter from the DFEH which means that the DFEH closes its file and does not conduct an investigation of the allegations.
The employee has one year from the date the right to sue letter was issued to initiate legal action.
If you have not conducted an investigation of all the allegations in the employee’s charge of discrimination, you must do so now as the DFEH charge triggers an employer’s obligation to preserve all potentially relevant information, issue legal hold notices to persons who may be in possession of potentially relevant information and investigate. Retain experienced employment counsel immediately to further direct the actions.
