Mitchell v. State Dept. of Public Health
B265769M
| Cal. Ct. App. | Aug 22, 2016Background
- Mitchell, an African American former Department of Public Health investigator, filed discrimination charges initially with the EEOC; EEOC automatically forwarded the charge to DFEH under a work-sharing agreement.
- DFEH issued a September 9, 2011 right-to-sue notice stating the FEHA one-year filing period and that the one-year period "will be tolled during the pendency of the EEOC's investigation."
- EEOC issued a letter of determination on September 30, 2013; Mitchell received a federal right-to-sue notice on March 21, 2014 (starting the 90-day federal filing period, which expired June 19, 2014).
- Mitchell filed his FEHA complaint on July 8, 2014 — 17 days after the federal 90-day period had expired but within one year of the EEOC letter of determination.
- The Department demurred on statute-of-limitations grounds; the trial court initially overruled but later sustained the demurrer and dismissed. On appeal, the Court of Appeal reversed, holding the FAC sufficiently pleaded equitable tolling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FEHA's one-year limitations period can be equitably tolled during EEOC investigation when DFEH deferred and issued a right-to-sue notice | Mitchell: FEHA limitations was equitably tolled through the EEOC investigation; he filed within one year of EEOC determination | Department: statutory scheme and §12965(d)(2) make the federal right-to-sue period the controlling deadline; equitable tolling beyond that is unavailable | Court: Equitable tolling remains available; complaint pleads facts (including DFEH notice language and EEOC proceedings) sufficient to infer reasonable, good-faith reliance and lack of prejudice, so demurrer reversal required |
| Whether the complaint pleaded enough facts at the demurrer stage to invoke equitable tolling (reasonable and good-faith conduct) | Mitchell: DFEH notice stating "one-year period will be tolled" and EEOC's finding of reasonable cause justify inference of reasonable reliance; timely notice and no prejudice | Department: Plaintiff failed to pursue alternate remedies after federal right-to-sue, and did not explain delay — so equitable tolling is not warranted | Court: At pleading stage, allegations suffice to establish the third tolling element (reasonable good-faith conduct); demurrer improperly sustained; FAC reinstated |
Key Cases Cited
- Downs v. Department of Water & Power, 58 Cal.App.4th 1093 (1997) (tolling FEHA one-year period during EEOC investigation where DFEH deferred and issued right-to-sue upon deferral)
- McDonald v. Antelope Valley Community College Dist., 45 Cal.4th 88 (2008) (FEHA allows equitable tolling; Legislature adopted Downs rule)
- Salgado v. Atlantic Richfield Co., 823 F.2d 1322 (9th Cir. 1987) (tolling FEHA limitations while plaintiff awaited EEOC outcome)
- E-Fab, Inc. v. Accountants, Inc. Services, 153 Cal.App.4th 1308 (2007) (demurrer sustains only when statute-of-limitations bar clearly appears on face of complaint)
- Lantzy v. Centex Homes, 31 Cal.4th 363 (2003) (definition and effect of tolling on limitations period)