October 16, 2021

Volume XI, Number 289

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New Legislation Makes Procedural Changes to DFEH Enforcement and Expands Employer Record Retention Requirements

On  September 23, 2021, California’s Governor signed Senate Bill 807 (SB 807), which makes procedural modifications to how the Department of Fair Employment and Housing (DFEH) enforces California’s civil rights laws. The changes include modifying when and how the DFEH can appeal adverse superior court decisions regarding the scope of the DFEH’s power to compel cooperation in investigations and tolling the time the DFEH has to file a civil action while dispute resolution is pending.

Of note to California employers, SB 807 also expands current record retention requirements.  Effective January 1, 2022, employers must now retain personnel records for applicants and employees under Government Code section 12946 for four years from the date the records were created, or the date the employment action was taken.  Additional retention requirements apply once a complaint has been filed.

In addition, SB 807 extends the period in which an individual can file a civil action for violations of certain statutes, by tolling that period while the DFEH investigates and/or takes action on a complaint.

SB 807 also extends to two years the period of time that the DFEH has to complete its investigation and issue a right-to-sue notice for employment discrimination complaints treated by the DFEH as a class or group complaint.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 267
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About this Author

Erika Barbara Pickles Employment Litigation Jackson Lewis Sacramento, CA
Of Counsel

Erika Barbara Pickles is Of Counsel in the Sacramento, California, office of Jackson Lewis P.C. She represents employers in workplace law matters, including preventive advice and counseling.

Ms. Pickles has defended employers in employment litigation, class actions, and arbitrations. Her practice has involved the full range of workplace-related claims, including but not limited to: wage and hour; discrimination, harassment and retaliation; and wrongful termination. She also assists employers in investigating and responding to administrative complaints before...

916-341-0404
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