How do I file a discrimination complaint with the California Civil Rights Department, and do I need a right-to-sue notice?

Discrimination, harassment and retaliation claims under the Fair Employment and Housing Act (FEHA) begin with the CRD, the state agency that enforces that law. The steps below come from the CRD's own guidance and the Government Code. For the protected characteristics FEHA covers, see our employment law page.

What happens after I submit the intake form?

1. Intake form. You submit the form within three years of the date you were last harmed, online through the California Civil Rights System, by phone through the CRD's contact center, or on a printed form. If you cannot gather everything at once, the CRD says an unfiled complaint stays saved in its online system for 30 days while you add information.
2. Intake interview. A CRD representative evaluates the allegations and decides whether a formal complaint can be accepted for investigation. The CRD notes that a rejection does not mean it disbelieves you; it means the facts, if proven, would not violate a law it enforces.
3. Complaint. If the case is accepted, the CRD prepares a complaint for your signature and sends the signed complaint to the employer.
4. Investigation and dispute resolution. The CRD reviews evidence from both sides and may refer the case to its Dispute Resolution Division. Before the CRD files a lawsuit itself, the law requires the parties to take part in free mandatory dispute resolution (Government Code section 12965(a)(2)).
5. Determination. If the CRD finds no reasonable cause, it closes the case; you can appeal a Notice of Case Closure within 10 calendar days of the date on the letter. If it finds reasonable cause, the parties are usually required to mediate, and if that fails the CRD may file a lawsuit.
6. Right-to-sue notice. If the CRD has not filed a civil action within 150 days, or decides earlier that it will not, it must tell you in writing that it will issue a right-to-sue notice on request. If you never ask, it issues the notice when the investigation ends and no later than one year after the complaint was filed (section 12965(c)(1)(A)).

Under Government Code section 12960(b), submitting the intake form counts as filing, and the verified complaint relates back to that date. That is why the date you submit the intake form, not the date of the interview, is the one that matters for the three-year deadline. The CRD says it generally has up to one year from the filing of a complaint to complete an investigation, and that during the investigation it acts as an objective fact-finder rather than as anyone's lawyer.

What should I bring to the intake interview?

The CRD asks for specific dates for each time you believe you were harmed. It recommends bringing, where you have them:

• Names and contact information for witnesses.
• Termination letters, written reprimands, memos, transfer notices, emails, text messages, screenshots and grievances.
• Medical documentation in cases involving disability, pregnancy disability or the California Family Rights Act.
• In disability cases, any written request for a reasonable accommodation and any written denial.

In disability and leave cases, our page on being fired after asking for medical leave or an accommodation explains what has to be proven. If you are still employed and the harassment continues, read what your employer must do after you report harassment. Before gathering proof, also learn why it is risky to secretly record your boss. A short timeline written before the interview, with dates, names and what was said, makes the interview far easier. If you were recently fired, our checklist for the first week after being fired explains how to request your personnel file and payroll records.

Should I ask for an immediate right-to-sue notice?

You do not have to use the CRD investigation. You can instead request an immediate right-to-sue notice and file your own lawsuit. The CRD's guidance makes several points about that choice, including that it will not file your complaint with the federal Equal Employment Opportunity Commission (EEOC) when you take this route, so a federal right-to-sue notice must be requested from the EEOC directly.

The immediate notice can be requested online through the CRD's system or on the CRD's printed form. You will need the employer's mailing address and the name of its agent for service; the CRD says that if you do not know the agent, you can list the human resources manager or the owner or president of the company.

How do the deadlines work?

Employment complaints must be filed within three years of the unlawful practice (Government Code section 12960(e)(5)), with limited extensions. Once the right-to-sue notice issues, a lawsuit must be filed within one year from the date of the notice (section 12965(c)(1)(D)). That one year can be extended when the same charge was also filed with the EEOC, in the situations described in section 12965(e) and (f). Our page on how long you have to file an employment claim in California sets these limits beside the wage and retaliation deadlines.

What can the CRD obtain if it finds a violation?

The CRD lists remedies that may include recovery of out-of-pocket losses, an order stopping the unlawful practice, access to a job opportunity, reasonable accommodations, damages for emotional distress, and civil penalties and punitive damages. Its employment page also lists front pay, meaning future lost earnings. What is available depends on the facts of each case. In a lawsuit, the court may award a winning employee reasonable attorney's fees and costs, while an employer that wins gets fees only if the case was frivolous, unreasonable or groundless (section 12965(c)(6)).

Where would a FEHA lawsuit be filed in Los Angeles County?

Government Code section 12965(c)(3) allows a FEHA lawsuit in any county where the unlawful practice is alleged to have happened, where the relevant records are kept, or where you would have worked. Within Los Angeles County, the Superior Court's filing location form (LASC CIV 109) lets employment cases be filed in the Central District downtown or in the district where the claim arose. Our guide to a civil case at the Stanley Mosk Courthouse describes the first months after filing downtown. For wage problems that do not involve discrimination, the Labor Commissioner is often the starting point instead; see a Labor Commissioner wage claim or a lawsuit.

What changes the answer?

The process above is the same for most workers, but these facts decide whether the CRD is the right place, and what to ask for.

How many people the employer has

The CRD says FEHA's ban on discrimination and retaliation applies to employers of five or more employees, while harassment is prohibited in every workplace, even one with a single employee. The same five-employee threshold applies to the California Family Rights Act and pregnancy disability leave, which our page on pregnancy leave and job protection covers.

Who employs you

The CRD says "employer" under FEHA does not include the federal government or a nonprofit religious association or corporation. Unpaid interns, volunteers and contractors may file a harassment complaint, and applicants may file a discrimination complaint.

What the complaint is about

The CRD handles discrimination, harassment and retaliation tied to protected characteristics such as disability, sex, age and national origin. Retaliation for asserting wage and hour rights goes to the Labor Commissioner instead, and its own retaliation page sends discrimination complaints based on protected characteristics to the state's civil rights agency. A firing that breaks a public policy may also support a court claim; see wrongful termination in violation of public policy.

Whether you already filed with the EEOC

The CRD says a complaint filed with the EEOC is automatically filed with the CRD as well, and a CRD complaint that alleges facts violating a law the EEOC enforces is automatically filed with the EEOC, with one agency usually doing the investigation. Federal charges have a much shorter deadline, generally 300 days in California.

Your immigration status

It does not matter for filing. The CRD says FEHA applies to California workers regardless of citizenship or immigration status, and that it does not ask about either.

A worked example

For example, imagine a hypothetical medical assistant in Glendale who tells her clinic in January that she is pregnant and is moved to fewer hours in February. In March she is let go, and the manager says the clinic is "restructuring." The clinic has 14 employees.

Because the clinic has five or more employees, FEHA's discrimination rules apply. Her intake form is due within three years of the last harmful act, the March firing. She writes a timeline, gathers the schedule change notices and texts, and asks for her personnel file. She then has a choice: let the CRD investigate, which may take up to a year, or request an immediate right-to-sue notice, which the CRD advises only with a lawyer and which starts a one-year clock to sue. None of these steps tells her whether the claim would succeed; they keep both paths open while she decides.

Common mistakes with a CRD complaint

• Starting the online form and not finishing it. An unfiled complaint is saved for only 30 days, and only a submitted intake form counts as filing.
• Requesting an immediate right-to-sue notice without a plan. The one-year deadline starts on the date of the notice, and the CRD will not investigate afterward.
• Assuming a CRD complaint also covers federal claims. With an immediate notice, the CRD does not file with the EEOC.
• Giving vague dates. The CRD needs specific dates for each incident to prepare a complaint.
• Signing a release while the complaint is pending. A negotiated settlement of a claim already filed with an agency falls outside the five-day review rule for separation agreements (Government Code section 12964.5(d)); our page on severance agreements in California explains the difference.
• Missing the closure appeal. An appeal of a Notice of Case Closure is due within 10 calendar days of the date on the letter.

What to do this week

1. Write a dated timeline of each incident, with names, what was said and who saw it.
2. Collect the documents the CRD lists: letters, reprimands, emails, texts and any accommodation requests.
3. Find the employer's legal name, mailing address and, if possible, its agent for service.
4. Count three years from the last harmful act, and 300 days if you may want a federal claim.
5. Decide, with advice, whether to ask for a CRD investigation or an immediate right-to-sue notice.
6. Submit the intake form and keep the confirmation with its date.

Frequently asked questions

Do I need a lawyer to file with the CRD?

Not to file the intake form. The CRD investigates as a neutral fact-finder and does not represent either side, and it says the immediate right-to-sue route is advisable only if you have an attorney.

How long does a CRD investigation take?

The CRD says it generally has up to one year from the date the complaint is filed to complete an investigation. If you do not ask for a right-to-sue notice, it must issue one no later than one year after the complaint was filed (section 12965(c)(1)(A)).

Can I file if I worked as a contractor or an intern?

For harassment, yes: the CRD says an employee, applicant, unpaid intern, volunteer or contractor may file a harassment complaint. Discrimination complaints are filed by applicants and employees.

Does CRD mediation cost anything?

The CRD describes its dispute resolution services as free, and section 12965(a)(2) requires the mandatory dispute resolution before a CRD lawsuit to be free of charge to the parties.

What if I am 40 or older and was laid off?

Age is a protected characteristic under FEHA, and the same CRD process applies. Our page on age discrimination in a layoff explains what to look for in a group layoff.

How can Glendale Law help with a CRD complaint?

We guide clients through the administrative process, prepare the necessary filings, and make sure each step is completed correctly and on time so their rights are preserved. That includes deciding whether to ask for an immediate right-to-sue notice. Our page for employment claims in Los Angeles County lists the agencies and courts that handle them. Call (818) 244-9000 or request a consultation.