California’s Fair Employment and Housing Act (FEHA) established the Civil Rights Department (CRD) as the enforcement agency for its employment- and housing-related legal protections. Californians are authorized by FEHA to submit a complaint with the CRD to allege FEHA violations. Starting January 1, 2026, the CRD will have the benefit of additional tools and flexibility for the handling of such complaints, especially when the ensuing administrative proceedings are complex. Specifically, the amendments add to the existing set of scenarios under which the statutorily-limited time periods for workers to bring a civil suit are paused, thus extending the allowable time to sue. The new scenarios with extended time frames, include, for example: (1) after an unsuccessful appeal of a CRD decision to close a complaint; (2) pursuant to a written agreement between the complainant and the CRD; and/or (3) during the pendency of a petition to compel or while an appeal of a CRD decision to close is still pending. Additionally, if the CRD determines that a complaint relates to another complaint filed in the name of the director or a group or class complaint, the CRD is required to issue a right-to-sue notice only after all administrative remedies have been exhausted for that other related complaint. This last-mentioned change is intended to prevent overlapping and duplicative proceedings and thus to improve efficiency.

Checkr Takeaway: Overall, these FEHA amendments favor California workers because they are designed to help preserve their right to sue for longer. California employers should continue to ensure compliance with FEHA in order to mitigate the risks of facing a FEHA-related complaint or lawsuit.