FEHA’s Online Right-to-Sue System – OK!

When an attorney verifies and files a complaint on behalf of a client with DFEH through its online automated system, does that satisfy FEHA’s requirement that complaints be verified?

Yes, so says the Califonia Second Appellate District Court of Appeals in Rickards v. United Parcel Service.

This is a case, rapidly becoming typical, where an attorney filed a DFEH complaint through DFEH’s online autmated complaint system, and requested an immediate right-to-sue letter. Defendant UPS filed a motion for summary judgment alleging, among other things, that the complaint was not sufficient under FEHA because it was not properly verified.

The online complaint system, which is currently undergoing more changes, allows one to file a complaint without signing a verification simply by indicating that the declaration under the penalty of perjury is affirmed by submitting the complaint online by clicking “CONTINUE.”

The court held that this is sufficient for purposes of FEHA.

A common-sense decision for 2012 if there ever was one and a silly issue for a motion for summary judgment.

Rickards v. United Parcel Service, Inc., 206 Cal.App.4th 1523 (June 19, 2012)

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