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How to File a Sexual Harassment Claim in California

Filing a sexual harassment claim in California requires submitting a complaint to the California Civil Rights Department (CRD) within three years of the last harassment incident. You can file online, by mail, or in person at a CRD office. After filing, CRD will investigate your complaint and may mediate a resolution, file a lawsuit on your behalf, or issue a right-to-sue letter allowing you to file your own lawsuit.

Taking legal action against workplace sexual harassment can feel overwhelming. However, California has created a relatively straightforward process for filing claims. Understanding each step helps you navigate the system confidently and protect your rights.

This guide walks you through the entire process, from gathering evidence before you file through receiving your right-to-sue letter. Whether you choose to handle this yourself or work with an attorney, knowing what to expect empowers you to make informed decisions.

Before You File: Critical Preparation Steps

The work you do before filing significantly impacts your claim’s success. Taking time to prepare thoroughly strengthens your case and prevents common mistakes.

Understand the Statute of Limitations

You have three years from the last harassment incident to file a CRD complaint. This deadline is strict. Missing it typically bars your claim permanently. Calculate your deadline immediately and calendar multiple reminders.

For ongoing harassment, the three-year clock runs from the most recent incident. If harassment occurred multiple times, each incident potentially resets the clock. However, don’t rely on this—file as soon as you’re ready.

For detailed information about filing deadlines, see statute of limitations.

Gather and Organize Evidence

Strong evidence makes strong cases. Start collecting evidence as soon as harassment begins, not when you’re ready to file.

Critical evidence to gather:

Written communications: Save all emails, text messages, instant messages, and letters containing harassment or discussing it. Take screenshots of messages that might be deleted. Print emails to PDF in case you lose access to your work email.

Documentation of incidents: Keep a detailed journal of harassment incidents. For each incident, record the date, time, location, exactly what was said or done, who was present, and how it affected you. Write entries soon after incidents while memory is fresh.

Complaints to management: Keep copies of all reports you made to HR, supervisors, or management. If you reported verbally, send a follow-up email confirming what you reported and to whom. This creates a written record.

Witness information: List people who witnessed harassment or its effects. Include their names, contact information, positions, and what they witnessed. Some witnesses may be willing to provide written statements.

Performance records: Collect performance reviews, especially those before harassment began. These show harassment affected your work, not poor performance. They also rebut employer claims that adverse actions were performance-based.

Medical records: If harassment affected your physical or mental health, gather medical records documenting treatment for anxiety, depression, stress, or physical symptoms. These support emotional distress damages claims.

Company policies: Obtain copies of your employee handbook, anti-harassment policies, and complaint procedures. These show what processes were available and whether you followed them.

Real-world example: An employee kept a detailed journal on her personal phone documenting her supervisor’s daily sexual comments over four months. She saved text messages where he asked her on dates. She forwarded his inappropriate work emails to her personal account. When she filed her CRD complaint, this evidence made her case compelling and led to a quick settlement offer.

Report Harassment Internally First (Usually)

California law doesn’t absolutely require internal reporting before filing with CRD. However, reporting internally often helps your case and sometimes resolves issues without litigation.

Why internal reporting usually helps:

Gives employer opportunity to fix the problem: Many employers genuinely want to stop harassment. Reporting allows them to investigate and take corrective action. The harassment might stop without needing to file externally.

Creates documented notice: Your internal complaint proves the employer knew about harassment. This strengthens liability arguments. Employers who ignore complaints face stronger liability.

Triggers anti-retaliation protections: Once you complain, you’re protected from retaliation. Any adverse action after your complaint might be illegal retaliation.

Satisfies Faragher-Ellerth analysis: For some types of harassment, employers can defend by claiming you unreasonably failed to use their complaint process. Reporting eliminates this defense.

How to report internally:

Review your employee handbook for the harassment complaint procedure. Follow it when reasonable. Report in writing via email when possible. Email creates timestamps and prevents disputes about what you reported.

Your complaint should include:

  • Your name and contact information
  • Date you’re filing the complaint
  • Detailed description of harassment incidents (dates, what happened, who was involved)
  • Names of any witnesses
  • How the harassment affected you
  • What action you want the employer to take
  • Request for written response and investigation

Send your complaint to HR, your supervisor (if they’re not the harasser), or a higher-level manager. Keep a copy for your records. If you don’t receive acknowledgment within a few days, send a follow-up email.

When not to report internally first:

The harasser is the owner or highest executive: There’s no higher authority to report to. Internal reporting is pointless.

The employer has a history of ignoring complaints: If you know the employer never takes harassment seriously, internal reporting may be futile.

You fear immediate retaliation: If reporting would put you in danger or create immediate severe retaliation, you may skip internal reporting.

The harassment was extremely severe: A single incident of sexual assault might warrant immediate CRD filing without internal process delays.

Use your judgment. When in doubt, consult an employment attorney about whether to report internally before filing with CRD.

Consider Consulting an Employment Attorney

Many employment attorneys offer free initial consultations. Even if you plan to file the CRD complaint yourself, an attorney can help you understand your options and avoid mistakes.

What attorneys can help with:

  • Evaluating whether you have a strong case
  • Explaining the CRD process and timeline
  • Reviewing your evidence and identifying gaps
  • Drafting your CRD complaint for maximum impact
  • Advising about dual filing with the EEOC
  • Representing you in CRD mediations
  • Filing your eventual lawsuit after receiving a right-to-sue letter
  • Negotiating settlements

Many attorneys work on contingency for harassment cases, meaning you pay nothing upfront. They receive a percentage of your settlement or judgment. This makes legal representation accessible even without savings.

Even if you can’t afford an attorney to handle everything, a consultation helps you understand your rights and make informed decisions.

Step-by-Step: Filing Your CRD Complaint

Once you’ve prepared, you’re ready to file your formal complaint with the California Civil Rights Department. You have three filing options.

Step 1: Choose Your Filing Method

Online filing: The fastest and easiest method. Visit the CRD website and complete the online complaint form. You’ll receive immediate confirmation and a complaint number. The system walks you through required information. You can save your progress and return later.

Mail filing: Download the complaint form (Form DFEH-1) from the CRD website. Complete it by hand or type information into the PDF. Mail it to the appropriate CRD office. Keep a copy for your records. Send via certified mail with return receipt to prove filing date.

In-person filing: Visit a CRD office during business hours. Staff can help you complete the form. This option helps if you have questions or need language assistance. CRD offices are located in several California cities including Sacramento, Oakland, Los Angeles, San Diego, and Fresno.

Online filing is usually fastest and most convenient. However, in-person filing provides helpful assistance if you’re uncertain about any part of the process.

Step 2: Complete the CRD Complaint Form

The CRD complaint form asks for specific information. Have this information ready before starting:

Personal information:

  • Your full legal name, address, phone number, and email
  • Your position/job title
  • Date you were hired
  • Whether you still work for the employer

Employer information:

  • Employer’s full legal name
  • Business address
  • Number of employees
  • Industry/type of business
  • Name and title of your supervisor

Harassment details:

  • Dates harassment occurred (first and last incidents)
  • Description of what happened
  • Names of people who harassed you
  • Names and contact information for witnesses
  • Whether you reported to the employer and what happened
  • Whether harassment is ongoing

Basis of discrimination/harassment:

  • Check “sex” and “harassment” boxes
  • Include any other applicable bases (race, age, disability, etc.) if harassment involved multiple protected characteristics

Relief sought:

  • Compensation for lost wages
  • Compensation for emotional distress
  • Reinstatement to your job (if fired)
  • Policy changes
  • Other remedies

Description of harassment:

This is the most important section. Provide a clear, chronological narrative of what happened. Include specific dates, locations, exactly what was said or done, and how it affected you.

Be detailed but organized. Use clear paragraphs covering different time periods or types of harassment. Stick to facts rather than emotions, though you can explain how harassment affected your work and well-being.

Example description excerpt:

“On March 15, 2023, my supervisor John Smith called me into his office. He closed the door and told me I had a ‘sexy body’ and asked if I would go to dinner with him. I declined and said I wanted to keep our relationship professional. He said ‘I could make things easier for you here if you’re nice to me.’

Over the next month, he made similar comments approximately 3-4 times per week. On April 12, 2023, he touched my shoulder and tried to massage it while I was working at my desk. I pulled away and asked him to stop.

I reported this behavior to HR Director Maria Garcia on April 20, 2023 via email. I received no response. The harassment continued…”

Step 3: Indicate Whether to Dual-File with EEOC

The CRD form asks if you want to dual-file with the federal EEOC. Checking “yes” preserves both state and federal claims. The agencies coordinate to avoid duplicate investigations.

Dual filing is usually recommended. It preserves federal claims in case California claims face procedural issues. Different laws provide different protections and remedies. Checking the box costs nothing and keeps options open.

However, if you’re past the 300-day federal deadline, dual filing won’t help with EEOC claims. The federal deadline is strict. You can still file with CRD within the three-year California deadline.

Step 4: Review and Submit Your Complaint

Before submitting, carefully review your complaint. Check for:

  • Accurate dates and names
  • Complete contact information
  • Clear, detailed description of harassment
  • All relevant incidents included
  • Spelling and grammar (clarity matters)
  • All required fields completed

Once satisfied, submit your complaint. For online submissions, you’ll receive immediate confirmation with a complaint number. Save this confirmation email. For mail submissions, send via certified mail and keep the receipt.

CRD will send written acknowledgment that they received your complaint. This typically arrives within 1-2 weeks. If you don’t receive acknowledgment within two weeks, call CRD to confirm they received your complaint.

What Happens After You File Your CRD Complaint

Understanding the post-filing process helps you know what to expect and how long each stage might take.

Initial CRD Review (2-4 weeks)

CRD reviews your complaint to determine if it states a valid claim. They check whether:

  • You filed within the statute of limitations
  • The employer is covered by FEHA (5+ employees)
  • Your complaint alleges conduct that could violate FEHA
  • You provided enough information to investigate

If your complaint has deficiencies, CRD may contact you to request additional information or clarification. Respond promptly to these requests. Failure to respond can result in case closure.

If CRD determines your complaint doesn’t state a valid claim, they’ll notify you. You can request reconsideration or proceed directly to requesting a right-to-sue letter.

Employer Notification and Response (30 days)

Once CRD accepts your complaint, they notify your employer. The employer receives a copy of your complaint and typically has 30 days to respond in writing. Their response usually includes:

  • Their version of events
  • Denial of harassment allegations
  • Affirmative defenses (like claiming they took prompt corrective action)
  • Copies of policies, training records, and investigation documents
  • Witness statements from management

You may receive a copy of the employer’s response. Review it carefully with your attorney. The response often reveals the employer’s defense strategy and identifies weaknesses you’ll need to address.

CRD Investigation Options

After receiving the employer’s response, CRD decides how to proceed. They have several options.

Mediation: CRD may offer mediation to resolve the case without investigation. Mediation is voluntary for both parties. A neutral mediator helps you and the employer negotiate a settlement. Many cases settle in mediation.

Mediation usually occurs 2-4 months after filing. It’s typically conducted via phone or video conference. You can bring an attorney to mediation. If mediation succeeds, you sign a settlement agreement and receive compensation. If it fails, CRD continues investigating.

Investigation: If mediation isn’t offered or fails, CRD investigates. This involves:

  • Interviewing you in detail about harassment
  • Interviewing the accused harasser
  • Interviewing witnesses from both sides
  • Reviewing documents, emails, and other evidence
  • Visiting the workplace (sometimes)
  • Consulting with legal staff about FEHA violations

Investigations take 6-18 months on average, sometimes longer for complex cases. CRD prioritizes cases involving ongoing harm, multiple complainants, or strong evidence.

Immediate right-to-sue letter: You can request a right-to-sue letter immediately after filing instead of waiting for investigation. This allows you to file your lawsuit right away. Many people choose this option when they have attorneys ready to file suit.

Possible CRD Outcomes

After investigating, CRD issues findings:

No violation found: CRD determines insufficient evidence proves harassment occurred. You receive a right-to-sue letter and can still file your own lawsuit. CRD’s finding isn’t binding on courts—you can still win at trial.

Violation found: CRD determines harassment occurred and violated FEHA. They’ll attempt to settle the case through conciliation. If settlement fails, CRD may file a lawsuit on your behalf or issue a right-to-sue letter for you to file your own lawsuit.

CRD lawsuit: In rare cases involving particularly egregious harassment or broader public interest, CRD files and litigates the lawsuit themselves. This costs you nothing and CRD attorneys handle the case. However, CRD only does this in a small percentage of cases.

Settlement through conciliation: Most successful cases settle during CRD conciliation. CRD mediates between you and the employer to reach agreement. Settlements might include compensation, policy changes, training, or other remedies.

Timeline Overview

Stage Typical Timeline Notes
File complaint Day 1 Online filing is immediate; mail takes 3-5 days
CRD acknowledgment 1-2 weeks Confirms receipt and assigns case number
Initial review 2-4 weeks CRD verifies complaint states valid claim
Employer notification 4-6 weeks Employer receives complaint and has 30 days to respond
Mediation offer 2-4 months Voluntary; both parties must agree
Investigation 6-18 months Varies greatly based on case complexity and CRD workload
Findings and determination 12-24 months Total time from filing to final CRD determination
Right-to-sue letter Immediate to 2 years Can request immediately or wait for investigation

These timelines are estimates. Complex cases or CRD backlogs can extend every stage. You can request a right-to-sue letter at any time to bypass waiting.

The Right-to-Sue Letter and Filing Your Lawsuit

The right-to-sue letter is a critical document. It authorizes you to file a lawsuit in civil court. You cannot file a FEHA harassment lawsuit without it.

When CRD Issues Right-to-Sue Letters

CRD issues right-to-sue letters in several situations:

Upon request: You can request a right-to-sue letter immediately after filing or any time during investigation. CRD must issue it within 150 days of your request (often much faster). This allows you to bypass CRD investigation and proceed directly to court.

After investigation concludes: When CRD completes investigation, they issue a right-to-sue letter regardless of their findings. Even if they found no violation, you get the letter and can pursue your own lawsuit.

When CRD declines to file suit: If CRD finds violations but decides not to file their own lawsuit, they issue you a right-to-sue letter to file yourself.

After settlement attempts fail: If conciliation doesn’t produce a settlement, CRD issues a right-to-sue letter.

Filing Your Lawsuit with the Right-to-Sue Letter

Once you receive the right-to-sue letter, you have one year to file a lawsuit in Superior Court. This deadline is strict. Missing it bars your claims.

You can file in the county where the harassment occurred, where the employer’s principal place of business is located, or where you reside. Consult an attorney about the best venue for your case.

Your lawsuit typically includes claims for:

  • Sexual harassment under FEHA
  • Retaliation (if applicable)
  • Wrongful termination (if you were fired)
  • Failure to prevent harassment
  • Intentional infliction of emotional distress (sometimes)
  • Claims against individual harassers

An attorney drafts a complaint, files it with the court, and serves it on defendants. This begins formal litigation including discovery, depositions, and potentially trial.

For more information about employer liability for harassment, see employer liability.

Most harassment lawsuits settle before trial. Employers want to avoid public trials and unpredictable jury verdicts. Settlement negotiations often occur during discovery after both sides understand the evidence.

Common Mistakes to Avoid When Filing

Learn from others’ mistakes. Avoiding these common errors strengthens your claim.

Missing the statute of limitations: Calculate your deadline correctly and file with plenty of time to spare. Don’t wait until the last minute—you might miss the deadline due to website issues, mail delays, or errors.

Incomplete or vague descriptions: Generic statements like “he harassed me” aren’t enough. Provide specific dates, exact quotes when possible, locations, and detailed descriptions. Vague complaints are harder to investigate and prove.

Failing to include witnesses: If coworkers witnessed harassment, include their names and contact information. Witnesses significantly strengthen cases. Don’t assume CRD will find witnesses—identify them in your complaint.

Not keeping copies of everything: Keep copies of your complaint, all correspondence with CRD, the employer’s response, and your right-to-sue letter. You’ll need these documents for your lawsuit.

Ignoring CRD requests for information: When CRD requests additional information, respond promptly and thoroughly. Ignoring requests can result in case closure.

Posting about your case on social media: Anything you post publicly can be used against you. Defendants search social media for inconsistencies or statements that undermine your claims. Keep details of your case private.

Exaggerating or lying: Stick to the truth. Exaggerations or lies destroy your credibility. If the employer disproves even small falsehoods, juries may disbelieve your entire case.

Filing without legal review: Even if you file the complaint yourself, have an attorney review it if possible. They can identify issues, suggest improvements, and ensure you’re including strong legal claims.

Giving up after “no violation” finding: CRD’s finding isn’t binding on courts. Just because CRD found no violation doesn’t mean you can’t win in court. Many people win lawsuits after CRD found insufficient evidence.

Missing the lawsuit filing deadline: After receiving your right-to-sue letter, you have one year to file in court. Calendar this deadline immediately and set multiple reminders. Missing this deadline permanently bars your lawsuit.

Frequently Asked Questions

Do I need an attorney to file a CRD complaint?

No. You can file a CRD complaint yourself without an attorney. The process is designed to be accessible to self-represented individuals. However, consulting an attorney is wise even if they don’t handle the entire CRD process. Many attorneys offer free consultations and can review your complaint before filing. Attorneys add significant value in later stages like mediation, negotiating settlements, and filing lawsuits.

Can I file a CRD complaint if I still work for the employer?

Yes. You can file while still employed. California law prohibits retaliation against employees who file harassment complaints. If your employer retaliates after you file (firing, demotion, bad assignments), this creates an additional illegal retaliation claim. Many people file while still employed because they need their jobs. However, some choose to leave before filing to avoid continued interaction with harassers.

What if the harassment happened years ago but I only recently understood it was illegal?

The statute of limitations runs from when harassment occurred, not when you realized it was illegal. You have three years from the last harassment incident to file. If harassment occurred more than three years ago, you’re likely time-barred regardless of when you discovered it was illegal. However, limited exceptions may apply in unusual circumstances. Consult an attorney if you’re near or past the deadline.

Will my employer find out I filed a CRD complaint?

Yes. CRD notifies employers when complaints are filed and sends them a copy of your complaint. There’s no way to file anonymously. However, CRD maintains confidentiality—they don’t publicly disclose complaints. Only parties to the case receive copies. If this concerns you because you still work there, consult an attorney about the risks and benefits of filing while employed versus after leaving.

How much does it cost to file a CRD complaint?

Nothing. Filing a CRD complaint is free. There are no filing fees or costs. CRD provides this service at no charge. This makes the process accessible regardless of financial resources. However, if you hire an attorney to help you, you’ll pay legal fees (though many work on contingency for harassment cases). The lawsuit you file after receiving a right-to-sue letter does involve court filing fees, typically $400-500, though fee waivers are available for low-income plaintiffs.

Related Topics

Ready to take action? Filing a sexual harassment claim protects your rights and holds harassers accountable. Consult with an experienced employment attorney to evaluate your case and guide you through the process.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, please consult with a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.