McDonald

When an employee voluntarily pursues an internal administrative remedy prior to filing a complaint under the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (FEHA), is the statute of limitations on her FEHA claim subject to equitable tolling? We conclude it is. Accordingly, we affirm the Court of Appeal, which reversed a defense summary judgment entered solely on the ground that plaintiff Sylvia Brown’s FEHA claim was untimely.

Factual and Procedural Background

Plaintiffs John McDonald, Sylvia Brown, and Sallie Stryker filed suit against defendant Antelope Valley Community College District (the District) alleging racial harassment, racial discrimination, and retaliation. The trial court entered judgment for the District on all claims on the ground the claims were time-barred. The Court of Appeal reversed as to McDonald and Brown and affirmed as to Stryker.

We granted the District’s petition for review, limited to a single issue pertinent only to the analysis of Brown’s claims: May equitable tolling apply to the voluntary pursuit of internal administrative procedures prior to filing a FEHA claim? Accordingly, we detail the factual and procedural…