You should amend your charge or the complaint that you had filed.
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Do you have a case on file with the superior courts or is it another kind of case?
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No, it is not too late. It sounds like you are relying on the administrative agency to investigate your charge. You can either amend your charge if you want, or, because you included the information in part in your original charge, you can simply provide the specific evidence you have discovered related to that earlier allegation directly to the investigator. You only need to amend the charge if you wish to add allegations, not specific evidence.
Good luck to you.
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Do you have an investigator assigned to your case? If so, maybe you can call the investigator to share that new information and explain how the new information supports your retaliation claim.
Three years seems like a long time to investigate a DFEH or EEOC charge. Have you tried to mediate your case yet?
David A. Mallen
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