Mitchell v. Dept. of Public HealthAnnotate this Case
Plaintiff filed suit against his former employer, the Department, alleging racial discrimination in violation of the California Fair Employment and Housing Act (FEHA), Gov. Code, 12900 et seq. The trial court dismissed the complaint after sustaining a demurrer on the statute of limitations ground. The court agreed with plaintiff that the order sustaining the demurrer must be reversed because the complaint sufficiently alleges that the FEHA one-year limitations period was equitably tolled during the period of the EEOC investigation. Accordingly, the court reversed the dismissal and reinstated the first amended complaint.