A charge by any other name: Court upholds discrimination complaint

Before a plaintiff can file a lawsuit claiming a violation of California's Fair Employment and Housing Act (FEHA), she must first file an administrative charge before the Department of Fair Employment and Housing (DFEH). What happens if the charge names the wrong employer?

Error in the charge but victory at trial

On September 8, 2017, Gloria Guzman filed an administrative complaint with the DFEH asserting various employment claims, including discrimination, harassment, retaliation, failure to engage in the interactive process, denial of family or medical leave, and denial of reasonable accommodations. She alleged she "was employed by Defendant Hooman Enterprises Inc. dba Hooman Chevrolet" from February 2002 to May 2017. She also named her supervisors, including "owner Hooman Nissani." Guzman requested and the DFEH issued the same day a right-to-sue letter.

On September 14, 2017, Guzman filed her lawsuit, naming as defendants "Hooman Enterprises Inc. dba Hooman Chevrolet." The operative first amended complaint alleged 12 claims, including for wrongful termination, retaliation, disability discrimination, age discrimination, failure to make reasonable accommodations, and failure to engage in the interactive process. On January 23, 2018, NBA Automotive, using the name "Hooman Chevrolet of Culver City," filed an answer to the complaint.