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Case Name | Pelayo v. Los Angeles County Department of Children and Family Services | |
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Date | 02/22/2012 | |
Note | An employee's Fair Employment and Housing Act claims failed because she filed her civil suit before obtaining her right-to-sue letter from the Department of Fair Employment and Housing. | |
Citation | B230780 | |
WCC Citation | WCC 38602012 CA |
ROSA PELAYO, Plaintiff and Appellant,v. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES et al. , Defendants and Respondents. On September 19, 2008, Rosa Pelayo, a "Mexican female," filed this action, alleging four causes of action under the FEHA against her employer, the Los Angeles County Department of Children and Family Services (DCFS), and three of its employees. It did not allege that Pelayo had exhausted her administrative remedies under the FEHA and received a right-to-sue letter. She stated she was "in the process of obtaining her right to sue letters from the Department of Fair Employment and Housing [(DFEH)]. "Again, the DCFS attacked the FEHA claims on the ground Pelayo had not exhausted her administrative remedies.
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