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Lucy, Esq.
Lucy, Esq., Attorney
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What is the statute of limitations in California for filing

Customer Question

What is the statute of limitations in California for filing as State of Federal claim under Title VI of the Civil Rights Act of 1964 if OCR investigates your claim and finds in your favor.
Submitted: 3 months ago.
Category: Legal
Expert:  Stacy Adkins replied 3 months ago.

Hello! When you say OCR, are you referring to EEOC or DFEH? Did they give you a right to sue letter? I am just clarifying that is what you mean when you said they found in your favor.

To bring forward a claim under EEOC as a federal right, you must file it within 180 days from the time the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. In ongoing harassment cases, you must file your charge within 180 or 300 days of the last incident of harassment. For DHEF, the deadline is one year.

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Customer: replied 3 months ago.
The OCR is the United States Department of Education, Office of Civil Rights. It is not a employment issue. It is an education issue.
Expert:  Stacy Adkins replied 3 months ago.

I apologize, I misunderstood your question. I'm going to opt out and allow another expert to handle this education issue.

Expert:  Lucy, Esq. replied 3 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Because Title VI of the Civil Rights Act doesn't specify a statute of limitations, the courts look to state law to find the most applicable cause of action and borrow that statute of limitations instead. See Stanley v. Trustees of CA State University (2006). For civil rights cases, the most similar state law cause of action is a personal injury action. Id. In California, that statute of limitations is two years from the date of the original injury. Cal. Code Civ. P., Section 335.1.

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