Mitchell v. State Department of Public Health
205 Cal. Rptr. 3d 261
Cal. Ct. App.2016Background
- Reginald Mitchell, the only non-white investigator in his division, filed an EEOC charge alleging racial discrimination against his employer, the California Department of Public Health (Department).
- EEOC automatically lodged a copy with DFEH; DFEH issued a September 9, 2011 right-to-sue notice that said the FEHA one-year period "will be tolled during the pendency of the EEOC’s investigation." DFEH deferred investigation to EEOC.
- EEOC issued a letter of determination finding "reasonable cause" on September 30, 2013; after failed conciliation, a federal right-to-sue notice was issued and Mitchell received it March 21, 2014.
- Mitchell filed his FEHA civil action on July 8, 2014 — within one year of EEOC’s determination but 17 days after the 90-day federal right-to-sue period expired (June 19, 2014).
- The trial court sustained the Department’s demurrer on statute-of-limitations grounds and dismissed; Mitchell appealed. The Court of Appeal considered whether the FAC pleaded facts sufficient for equitable tolling of FEHA’s one-year limitations period during the EEOC investigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FEHA one-year limitations period was equitably tolled during EEOC investigation | Mitchell: DFEH’s right-to-sue letter (saying the one-year period "will be tolled") + timely EEOC process and EEOC’s "reasonable cause" finding support equitable tolling until receipt of federal right-to-sue | Dept.: Mitchell missed the federal 90-day filing window; equitable tolling requires pursuit of an alternate remedy or other facts showing reasonable reliance and is inapplicable here | Court: FAC sufficiently alleges equitable tolling elements (timely notice, no prejudice, reasonable/good-faith conduct); demurrer reversed and FAC reinstated |
Key Cases Cited
- Downs v. Department of Water & Power, 58 Cal.App.4th 1093 (codified tolling rule; tolling during EEOC investigation)
- McDonald v. Antelope Valley Community College Dist., 45 Cal.4th 88 (recognizes equitable tolling under FEHA and legislative adoption of Downs rule)
- Salgado v. Atlantic Richfield Co., 823 F.2d 1322 (9th Cir.) (equitable tolling of FEHA until federal right-to-sue supports timeliness)
- Lantzy v. Centex Homes, 31 Cal.4th 363 (explains how tolling suspends and extends limitation periods)
- E-Fab, Inc. v. Accountants Inc. Services, 153 Cal.App.4th 1308 (pleading-stage demurrer standards for statute-of-limitations defenses)