Government Code § 12960
Administrative complaints and the deadline to file with the Civil Rights Department
A FEHA claim starts with an administrative complaint to the Civil Rights Department — now due within three years of the unlawful practice.
Read the official text at California Legislative Information →
Overview
Government Code section 12960 governs the administrative phase that precedes a FEHA lawsuit. Before suing, an aggrieved person must file a verified complaint with the California Civil Rights Department (formerly the Department of Fair Employment and Housing) and obtain a right-to-sue notice. Section 12960 sets the procedure for that complaint and, critically, the deadline for filing it.
Exhaustion of this administrative remedy is a prerequisite to a FEHA civil action, so a misstep on the section 12960 deadline can be fatal to an otherwise meritorious claim.
The administrative complaint and deadline
A verified complaint identifying the respondent and describing the alleged unlawful employment practice must be filed with the Civil Rights Department. Filing it, and securing a right-to-sue notice, exhausts the administrative remedy and is a precondition to suit.
For unlawful practices occurring on or after January 1, 2020, the complaint must be filed within three years of the date the practice occurred — a substantial extension of the former one-year period.
Legislative change
AB 9 (2019) extended the administrative filing deadline from one year to three years for conduct occurring on or after January 1, 2020. Conduct predating that change remains governed by the former one-year period, so the date of the alleged practice controls which deadline applies.
AB 9 (Stats. 2019, ch. 709) extended the section 12960 administrative-complaint deadline from one year to three years for unlawful practices occurring on or after January 1, 2020.
Practice notes
Confirm the administrative complaint was filed within the applicable window (three years for recent conduct, one year for older conduct) and that a right-to-sue notice issued before filing suit. The administrative deadline under section 12960 is separate from — and longer than — the one-year deadline to file the civil action after the right-to-sue notice under section 12965.
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.