California Employment Discrimination Deadlines: FEHA Under Gov. Code §§ 12960 and 12965
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
A FEHA complaint shall not be filed after the expiration of three years from the date the unlawful practice or refusal to cooperate occurred — this is the administrative filing deadline with the Civil Rights Department.
Once a right-to-sue notice issues, the person aggrieved may bring a civil action within one year from the date of that notice.
Source: California Government Code sections 12960 and 12965 (as of August 31, 2026).
Two deadlines, not one
FEHA claims run on a two-stage clock, and missing either stage is fatal. Government Code section 12960(e) sets the administrative deadline: a complaint alleging a violation of Civil Code section 51.9 or any other violation of the article beginning at section 12940 must be filed within three years of the unlawful practice. Government Code section 12965 then gives one year from the date of the right-to-sue notice to file the civil action.
Exhausting the administrative remedy is a prerequisite to suit. A plaintiff who files a lawsuit without a right-to-sue notice, or who lets the one-year post-notice period lapse, is generally barred regardless of how strong the underlying claim is.
| Stage | Deadline | Statute |
|---|---|---|
| File complaint with the Civil Rights Department | 3 years from the unlawful practice | Government Code section 12960(e) |
| File civil action after right-to-sue notice | 1 year from the date of the notice | Government Code section 12965 |
Other periods within section 12960
Not every claim routed through the Civil Rights Department takes three years. Section 12960(e) sets one year for complaints alleging violations of Civil Code sections 51, 51.5, 51.7, 54, 54.1, or 54.2, and three years for violations of the article beginning at Government Code section 11135. A complaint under Labor Code section 1197.5 follows the period applicable to a civil action under that section.
Section 12960(e)(6) provides for extensions of up to 90 days, or in specified circumstances one year, so the nominal deadline is not always the operative one.
Key exceptions and tolling
- Different periods for Unruh-type claims.Complaints alleging violations of Civil Code sections 51, 51.5, 51.7, 54, 54.1, or 54.2 carry a one-year administrative deadline rather than three years.
- Statutory extensions.Section 12960(e)(6) allows extensions of up to 90 days, and up to one year in specified circumstances.
- Exhaustion is mandatory.A civil action generally cannot proceed without a right-to-sue notice; the administrative stage is a prerequisite, not an alternative.
- Parallel common-law claims.A wrongful termination in violation of public policy claim does not require exhaustion and runs on the two-year period in Code of Civil Procedure section 335.1.
- Federal claims differ.Title VII and ADA claims run on separate federal administrative deadlines and are not governed by section 12960.
Frequently asked
How long do you have to file a discrimination complaint in California?
Three years from the unlawful practice to file with the Civil Rights Department under Government Code section 12960, then one year from the date of the right-to-sue notice to file a civil action under section 12965. Both must be met. This is general information, not legal advice.
What happens if you miss the one-year right-to-sue deadline in California?
The civil action is generally barred, even where the administrative complaint was timely. Section 12965 gives one year from the date of the notice, and settlement discussions do not extend it.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Government Code sections 12960 and 12965 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.