Exhaustion of administrative remedies

What it is

Exhaustion is the requirement to take a claim through the right agency before suing. A suit filed without it can be dismissed, and the scope of the agency filing limits the scope of the lawsuit.

Where it applies

• FEHA and CFRA: a complaint with the Civil Rights Department within three years, then a right-to-sue notice, then suit within one year of the notice (Government Code sections 12960 and 12965).
• Title VII, ADA and ADEA: a timely EEOC charge, generally within 300 days in California, then suit within 90 days of the EEOC's notice of right to sue (for age claims, suit may be filed 60 days after the charge).
• PAGA: an LWDA notice and the 65-day wait before filing (Labor Code section 2699.3).
• Most Labor Code claims: no exhaustion. An individual need not exhaust administrative remedies to sue under the Labor Code unless the specific section expressly requires it (Labor Code section 244(a)).

Why it matters to a plaintiff firm

Exhaustion shapes intake and the first months of a case. The administrative filing should name every defendant and describe every claim and theory the firm may later plead, since claims outside its scope can be challenged. Firms keep each agency filing, its date, the notice that ended it, and the resulting filing deadline in one place. See the FEHA right-to-sue deadlines guide and the employment intake screening guide.