Under FEHA, the requirement to pursue an administrative remedy before filing a lawsuit is described by which term?

Under FEHA, the requirement to pursue an administrative remedy before filing a lawsuit is described by which term?

• A. Right to Sue Notice
• B. Exhaust Administrative Remedies
• C. Pre-Filing Qualification
• D. Administrative Exhaustion

Answer: (D)

Administrative exhaustion is the requirement that you pursue the agency’s remedies before filing a lawsuit under FEHA. In practice, you start by filing a complaint with the California Department of Fair Employment and Housing (DFEH) and allow the agency to investigate and potentially resolve the issue. Only after this process (and often upon receiving a Right-to-Sue Notice) may you sue in court. This term precisely captures the idea of completing the agency’s process before moving to litigation. The Right-to-Sue Notice is the document that permits filing, not the description of the requirement itself, and the other options use nonstandard phrasing for this concept.

Administrative exhaustion is the requirement that you pursue the agency’s remedies before filing a lawsuit under FEHA. In practice, you start by filing a complaint with the California Department of Fair Employment and Housing (DFEH) and allow the agency to investigate and potentially resolve the issue. Only after this process (and often upon receiving a Right-to-Sue Notice) may you sue in court. This term precisely captures the idea of completing the agency’s process before moving to litigation. The Right-to-Sue Notice is the document that permits filing, not the description of the requirement itself, and the other options use nonstandard phrasing for this concept.