Sandhu

— The issue before this court is whether Dale Sandhu, an “East Indian” from Punjab, India, can sue under the Fair Employment and Housing Act for race-based employment discrimination. Lockheed argued successfully below that Sandhu was Caucasian and therefore could not bring suit on a race theory. We reject this narrow definition of race and hold that a cognizable claim for race discrimination may be brought on the basis of Sandhu’s allegations. Since we also conclude Sandhu’s failure to check the national origin box on his administrative charge form is an amendable defect, we will reverse.

Facts and Procedural Background

Sandhu worked for Lockheed for eight years before it terminated his employment in 1990. In June 1991, Sandhu filed a charge of discrimination with the California Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC). On the charge form, Sandhu checked “race” and “age” as the causes of discrimination, and stated his belief that “I have been discriminated against because of my age (48) and race (Asian).” He alleged he had been laid off despite the fact that “my performance was as good as or better than…