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Retaliation included in initial FEHA discrimination charge

February 2021 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

We all know that before filing an action alleging a violation of California's Fair Employment and Housing Act (FEHA), an employee must exhaust his administrative remedies by filing a verified complaint with the Department of Fair Employment and Housing (DFEH) and obtaining a right-to-sue notice. But what if the employee is later retaliated against because he filed a DFEH complaint? Must he file another administrative charge with the agency alleging the new act of retaliation?

Was it a rude gesture or an inside joke?

Richard Sanchez worked for Sacramento as a sanitation engineer with the Integrated Waste Division from January 1982 through November 21, 2013. Over the years, he had been disciplined for various reasons. The disciplinary actions included a 10-hour suspension in 1993 for spraying a police officer and an accident victim with water. In 1993, he received an 80-hour suspension for failing to report to work. In 2002, he was suspended 10 hours for tardiness, improper conduct toward a supervisor, and leaving early without prior authorization, followed by another 10-hour suspension in 2007 for insubordination.

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