Blog Post

Jun 17, 2014

Northern District of California Judge Rules DFEH Does Not Have the Authority to Prosecute Violations of Title I of the Americans With Disabilities Act

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On June 11, 2014, Northern District of California Judge Jon S. Tigar ruled that the California Department of Fair Employment and Housing (“DFEH”) has neither standing nor statutory authority to enforce Title I of the Americans with Disabilities Act (“ADA”).  The decision made clear that while the DFEH has had authority—since January 1, 2013 (as we noted here and here)—to bring enforcement actions directly in state and federal courts, that authority does not extend to federal claims of employment discrimination under Title I of the ADA.

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