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McDONALD v. ANTELOPE VALLEY COMMUNITY COLLEGE DIST.

No. S153964.

45 Cal.4th 88 (2008)

JOHN McDONALD et al., Plaintiffs and Appellants, v. ANTELOPE VALLEY COMMUNITY COLLEGE DISTRICT, Defendant and Respondent.

Supreme Court of California.

October 27, 2008

Attorney(s) appearing for the Case

Christopher Brizzolara; Goldberg & Gage, Bradley C. Gage; Law Offices of Gregory W. Smith, Gregory W. Smith; Benedon & Serlin, Douglas G. Benedon and Gerald M. Serlin for Plaintiffs and Appellants.

Carpenter, Romans & Dumont, Steven J. Romans, Jill W. Babington and Justin Reade Sarno for Defendant and Respondent.

Latham & Watkins and Joel E. Krischer for Employers Group as Amicus Curiae on behalf of Defendant and Respondent.

Sidley Austin, James M. Harris, Jennifer Altfeld Landau and David R. Carpenter for League of California Cities as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

WERDEGAR, J.

When an employee voluntarily pursues an internal administrative remedy prior to filing a complaint under the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (FEHA), is the statute of limitations on her FEHA claim subject to equitable tolling? We conclude it is. Accordingly, we affirm the Court of Appeal, which reversed a defense summary judgment entered solely on the ground that plaintiff Sylvia...

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