EEOC Investigation Can Toll Statute of Limitations in Employment Discrimination Cases

On July 27, 2016, a court decision known as Reginald Mitchell v. California Department of Public Health (“Mitchell”) (Superior Court Case No. BC550911),  set a precedence in favor of tolling employment discrimination charges against an employer, while the EEOC investigation was taking place. The term "tolling" refers to stopping the clock on the statute of limitation, due to a pending significant process or event. In this case the pending event was conclusion of the EEOC investigation. In the Mitchell case, the Court held that Plaintiff’s Complaint was timely even though it was filed nearly three years after the DFEH issued its “right to sue” letter.

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