McGeorge Adjunct Professor Chris Micheli

California Assembly Bill 9 was signed in to law on October 10 and enacted as Chapter 709. The new law extends the limitation period for employment discrimination claims.

AB 9 extends to three years the statute of limitation for complaints alleging employment discrimination, and it specifies that the operative date of the verified complaint is to be the date that the intake form was filed with the Labor Commissioner.

Additionally, the bill make confirming changes to current provisions that grant a person allegedly aggrieved by an unlawful practice, who first obtains knowledge of the facts of the alleged unlawful practice after the expiration of the limitation period. The legislation further provides that complaints alleging a violation of the Unruh Civil Rights Act shall not be filed after the expiration of one year from the date upon which the alleged unlawful practice or refusal to cooperate occurred.

However, a complaint alleging any other violation of Article One of Chapter Six shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate had occurred. Also, the bill states legislative intent that its provisions are not to be interpreted as reviving lapsed claims.

You can find the full transcript of today’s podcast here.

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