FEHA employment complaint: file with the Civil Rights Department (3 years)
36 months after date the unlawful employment practice or refusal to cooperate occurred, under Cal. Gov. Code 12960(e)(5), (b).
Rule text
(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred. ... (b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.
Calculate this deadline
- Trigger (Date the unlawful employment practice or refusal to cooperate occurred): Friday, November 6, 2026.
- Add 36 months: Tuesday, November 6, 2029.
Cal. Gov. Code 12960(e)(5), (b)
(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred. ... (b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- 3 years = 36 months (AB 9 (2019) extended the period from one year; current text as amended by SB 477, eff. Jan. 1, 2026). Filing the CRD intake form is the filing. Extensions under 12960(e)(6), not modeled except (D): (A) up to 90 days after the deadline if the person first obtained knowledge of the facts during those 90 days; (B) up to one year after a rebutted presumption of employer identity (Gov. Code 12928); (D) one year after attaining majority (separate rule feha_crd_complaint_after_majority). Continuing-violation and equitable tolling doctrines not modeled. Last day on a weekend/holiday: CCP 12a and Gov. Code 6707 (state agency filing) both roll forward; CRD closure days may differ from court holidays.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the unlawful employment practice or refusal to cooperate occurred on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.
- Trigger (Date the unlawful employment practice or refusal to cooperate occurred): Monday, March 15, 2027.
- Add 36 months: Friday, March 15, 2030.
Notes
3 years = 36 months (AB 9 (2019) extended the period from one year; current text as amended by SB 477, eff. Jan. 1, 2026). Filing the CRD intake form is the filing. Extensions under 12960(e)(6), not modeled except (D): (A) up to 90 days after the deadline if the person first obtained knowledge of the facts during those 90 days; (B) up to one year after a rebutted presumption of employer identity (Gov. Code 12928); (D) one year after attaining majority (separate rule feha_crd_complaint_after_majority). Continuing-violation and equitable tolling doctrines not modeled. Last day on a weekend/holiday: CCP 12a and Gov. Code 6707 (state agency filing) both roll forward; CRD closure days may differ from court holidays.
Related deadlines
- FEHA complaint: extension to 1 year after the aggrieved person turns 18 (12 months after)
- FEHA civil action: file within 1 year of the CRD right-to-sue notice (12 months after)
- CRD 150-day mark: right-to-sue notice available on request if CRD has not sued (150 days after)
- CRD must issue right-to-sue notice no later than 1 year after complaint (12 months after)
- CRD's own civil action (individual complaint): within 1 year after complaint filed (12 months after)
- CRD's own civil action on group/class or Ralph Act complaint: within 2 years (24 months after)
- EEOC charge (Title VII): 300 days in a deferral state such as California (300 days after)
- EEOC charge (Title VII): 30 days after notice that state proceedings terminated (if earlier than 300 days) (30 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.