Government Code § 12965
The FEHA civil action: right to sue, deadline, and attorney’s fees
After a right-to-sue notice, a FEHA plaintiff has one year to file suit, and the court may award attorney’s fees — but a prevailing defendant only for a frivolous claim.
Read the official text at California Legislative Information →
Overview
Government Code section 12965 authorizes the FEHA civil action that follows the administrative process, sets the deadline for filing it, and governs the award of attorney’s fees and costs. Together with section 12960, it frames the two-deadline structure that disciplines every FEHA case: the administrative deadline to file the complaint, and the litigation deadline to file suit.
The fee provision is among the FEHA’s most important features, because the prospect of recovering fees enables plaintiffs to bring meritorious claims — and the asymmetric standard protects them from fee exposure when those claims are non-frivolous.
Civil action, deadline, and fees
After receiving a right-to-sue notice from the Civil Rights Department, the aggrieved person may bring a civil action; that action must generally be filed within one year of the right-to-sue notice.
The court, in its discretion, may award reasonable attorney’s fees and costs to the prevailing party — but the standard is asymmetric: a prevailing defendant may recover fees only where the action was frivolous, unreasonable, or groundless.
The asymmetric fee standard
California courts apply the asymmetric standard to ensure that the threat of a fee award does not deter plaintiffs from pursuing non-frivolous discrimination claims. A prevailing plaintiff’s entitlement to fees is the norm; a prevailing defendant’s is the narrow exception. This allocation reflects the FEHA’s remedial purpose. (See Gov. Code § 12940.)
Practice notes
Calendar the one-year right-to-sue deadline with care; it is distinct from, and much shorter than, the three-year administrative deadline under section 12960. Preserve the fee claim, and counsel plaintiffs that fee exposure for a non-frivolous claim is limited by the asymmetric standard.
Related on this site
Practitioner analysis, current as of June 2026 — not the statute itself. Statutes are amended and decisional law evolves; confirm the operative language and current authority at the official source before relying.