I filed a complaint with DFEH for discrimination and retaliation against me by my employer due to filing a reasonable accommodation based on my disability (not work related) certified by the doctor. The DFEH Consultant took the case and told me that it could take 1 year to conclude the investigation. I sent them several more letters / information on subsequent development, including retaliatory actions against me by denying a reasonable accommodation request. I sent inquiries for update. No response at all for several months. How / who to elevate to get some response / attention, except to nudge the consultant again?
The DFEH is an administrative agency that processes cases depending on various internal factors. It is difficult to say when, and if, your case will gain traction. Without knowing anything about your case, remember that the statute of limitations to exhaust administrative remedies starts running one year from the last incident of prohibited conduct. If the DFEH is in fact investigating the case, the statute may toll. This is important because you have one year from the issuance of the right to sue letter to file a civil suit. Moreover, there are certain deadlines for the DFEH to issue a right to sue letter if it chooses not to pursue your matter. Even if the DFEH does not prosecute, you should discuss the specific facts of your case with an attorney. You may be able to obtain am immediate right to sue letter and file a civil suit.
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