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How to File a CRD Complaint in California: Step-by-Step Guide

If you’ve experienced workplace discrimination, harassment, or retaliation in California, filing a complaint with the Civil Rights Department (CRD) is often your first step toward justice. This guide walks you through the entire process, from gathering documentation to understanding what happens after you file.

What Is the California Civil Rights Department (CRD)?

The California Civil Rights Department (formerly known as the Department of Fair Employment and Housing, or DFEH) is the state agency responsible for enforcing California’s civil rights laws. The CRD investigates complaints of discrimination, harassment, and retaliation in employment, housing, and public accommodations.

When it comes to workplace issues, the CRD enforces the Fair Employment and Housing Act (FEHA), which provides broader protections than federal law. Best of all, filing a complaint with the CRD is completely free.

Who Can File a CRD Complaint?

You can file a complaint with the CRD if you are:

  • A current or former employee who experienced discrimination or harassment
  • A job applicant who was discriminated against during the hiring process
  • An independent contractor who faced harassment or discrimination
  • A victim of workplace retaliation for reporting violations or participating in an investigation
  • Someone who witnessed discrimination and wants to file a third-party complaint

The CRD accepts complaints against employers with five or more employees. For harassment claims specifically, the employer size doesn’t matter—even employers with fewer than five employees can be held liable.

What Types of Claims Can You File?

The CRD handles complaints related to violations of FEHA, including:

  • Discrimination based on protected characteristics (race, gender, age, disability, religion, sexual orientation, pregnancy, national origin, and more)
  • Harassment creating a hostile work environment
  • Retaliation for reporting violations, filing complaints, or participating in investigations
  • Failure to accommodate disabilities or religious practices
  • Failure to engage in the interactive process for disability accommodations
  • Pregnancy discrimination including denial of pregnancy leave or accommodations
  • Equal pay violations based on gender

Critical Deadline: You Have 3 Years to File

California law gives you three years from the date of the discriminatory act to file a complaint with the CRD. This is significantly longer than the federal deadline of 300 days for EEOC complaints.

Missing this deadline means you lose your right to file with the CRD and may be barred from pursuing a lawsuit. If you’re approaching the three-year mark, file immediately—you can always add details later.

Step-by-Step: How to File a CRD Complaint

Step 1: Gather Your Documentation

Before filing, collect evidence that supports your claim:

  • Dates and times of discriminatory incidents
  • Names of witnesses who saw or heard what happened
  • Emails, text messages, or documents showing discriminatory treatment
  • Performance reviews demonstrating your work quality
  • Employer policies from your employee handbook
  • Medical records (if relevant to disability or stress-related claims)
  • Payroll records showing pay disparities or lost wages

You don’t need perfect documentation to file, but the more evidence you have, the stronger your case will be during the investigation.

Step 2: Complete the Online Intake Questionnaire

The CRD uses an online intake system to gather preliminary information. Visit the CRD website and complete the intake questionnaire, which asks about:

  • Your personal information and contact details
  • Your employer’s name, address, and size
  • The type of discrimination or harassment you experienced
  • When the incidents occurred
  • A brief description of what happened

This questionnaire helps the CRD determine if your complaint falls within their jurisdiction.

Step 3: Submit Your Formal Complaint

After completing the intake questionnaire, you’ll need to submit a formal complaint. You have three options:

Option 1: File Online (Recommended)
The fastest method is filing through the CRD’s online portal. You’ll create an account, fill out the complaint form, and upload supporting documents. You’ll receive immediate confirmation and a complaint number.

Option 2: File by Mail
Download the complaint form from the CRD website, complete it by hand or computer, and mail it to:

Civil Rights Department
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758

Keep a copy of everything you send and consider using certified mail for proof of delivery.

Option 3: File In-Person
Visit any CRD office throughout California to file your complaint in person. Staff can help you complete the forms. Check the CRD website for office locations and hours.

Step 4: CRD Reviews and Investigates Your Complaint

Once you file, a CRD investigator will review your complaint to determine if it has merit. The investigator may:

  • Request additional information or documentation from you
  • Contact your employer for their response to the allegations
  • Interview witnesses you’ve identified
  • Review company policies and practices
  • Analyze employment records and data

You must cooperate fully with the investigation. Respond promptly to all requests for information, as delays can prolong the process.

Step 5: Mediation (Optional but Encouraged)

The CRD may offer mediation, a voluntary process where a neutral third party helps you and your employer reach a settlement. Mediation typically happens early in the process and can result in:

  • Monetary compensation for lost wages or emotional distress
  • Policy changes at your workplace
  • Reinstatement to your job
  • Letters of apology or clearing your personnel file

Mediation is non-binding. If you don’t reach an agreement, the CRD will continue investigating your complaint. Many cases settle successfully through mediation, which is faster than waiting for a full investigation.

Step 6: Investigation Findings

After completing the investigation (typically 6-12 months), the CRD will issue findings:

Finding of No Violation: The CRD determined there’s insufficient evidence to support your claim. You’ll receive a right-to-sue notice allowing you to pursue a lawsuit on your own.

Finding of Violation: The CRD found evidence supporting your claim. The agency may:

  • Negotiate a settlement with your employer
  • File a lawsuit on your behalf (in significant cases)
  • Issue a right-to-sue notice so you can file your own lawsuit

Step 7: Right-to-Sue Notice

A right-to-sue notice is a letter from the CRD stating you can now file a lawsuit in civil court. You’ll receive this notice either:

  • After the CRD completes its investigation
  • If you request an immediate right-to-sue (see below)
  • If the CRD closes your case administratively

Critical: You have one year from the date of the right-to-sue notice to file a lawsuit. This deadline is strict.

Step 8: File a Lawsuit (If Necessary)

With your right-to-sue notice, you can hire an employment attorney and file a lawsuit in California Superior Court. Your attorney can seek:

  • Back pay and front pay for lost wages
  • Compensatory damages for emotional distress
  • Punitive damages if your employer acted maliciously
  • Attorney’s fees and court costs
  • Injunctive relief (policy changes)

What Information Will You Need to File?

When completing your CRD complaint, have this information ready:

  • Your full name, address, phone number, and email
  • Employer’s legal business name and address
  • Approximate number of employees at your workplace
  • Dates of employment (start and end dates if no longer employed)
  • Supervisor’s name and contact information
  • Description of discrimination or harassment including specific dates
  • Protected characteristic you believe motivated the discrimination (race, gender, age, etc.)
  • Names and contact information for witnesses
  • Whether you reported the issue internally and what happened

Be as specific as possible in describing what happened. Include quotes, dates, locations, and the names of everyone involved.

What Happens After You File? Understanding the Timeline

The CRD complaint process typically takes 6 to 12 months, though complex cases can take longer. Here’s what to expect:

Within 2-4 weeks: You’ll receive confirmation that the CRD received your complaint and assigned it a case number.

Within 1-2 months: An investigator will contact you to discuss your complaint and may request additional information.

Months 2-6: The investigation phase. The CRD will contact your employer, review documents, and may interview witnesses.

Months 3-8: Mediation may be offered if both parties are willing.

Months 6-12: The CRD issues findings and may provide a right-to-sue notice.

Keep in mind these are estimates. Your case may move faster or slower depending on complexity, the CRD’s caseload, and how quickly parties respond to requests.

Real-World Timeline Examples

Example 1: Fast-Track Settlement
Maria filed a pregnancy discrimination complaint in January. By March, the CRD offered mediation. Her employer agreed to settle in April, paying her $45,000 for lost wages and emotional distress. Total time: 3 months.

Example 2: Standard Investigation
James filed a disability discrimination complaint in June. The CRD investigated through November, interviewing witnesses and reviewing medical records. In December, the CRD found no violation and issued a right-to-sue notice. James hired an attorney and filed a lawsuit in January. Total CRD time: 6 months.

Example 3: Complex Case
Linda filed a harassment and retaliation complaint in February. The CRD investigated for 14 months due to multiple complainants and extensive documentation. In April of the following year, the CRD found a violation and negotiated a $200,000 settlement on behalf of all complainants. Total time: 14 months.

Automatic Dual-Filing with the EEOC

When you file a complaint with the CRD, the agency automatically cross-files your complaint with the federal Equal Employment Opportunity Commission (EEOC). This protects your rights under both federal and state law.

You don’t need to file separately with the EEOC unless you want the EEOC to actively investigate your claim. The dual-filing preserves your ability to file a federal lawsuit if needed.

Your Employer Cannot Retaliate Against You

California law strictly prohibits retaliation against employees who file CRD complaints. Your employer cannot:

  • Fire or demote you for filing
  • Reduce your pay or hours
  • Give you poor performance reviews
  • Exclude you from meetings or opportunities
  • Create a hostile work environment
  • Threaten you or harass you

If your employer retaliates, you can file an additional complaint with the CRD for retaliation. Retaliation claims often result in significant damages because courts take them seriously.

Do You Need a Lawyer to File with the CRD?

No, you do not need an attorney to file a CRD complaint. The process is designed for individuals to file on their own, and the CRD provides assistance.

However, hiring an employment attorney can be beneficial:

  • They can help you gather stronger evidence before filing
  • They can advise you on legal strategy and what outcomes are realistic
  • They can negotiate better settlements if mediation is offered
  • They can file a lawsuit on your behalf after you receive a right-to-sue notice

Many employment attorneys offer free consultations and work on contingency (they only get paid if you win). Consider consulting an attorney, especially if your case involves complex legal issues or significant damages.

Requesting an Immediate Right-to-Sue Notice

If you don’t want to wait for the CRD investigation, you can request an immediate right-to-sue notice. This allows you to proceed directly to filing a lawsuit.

You might choose this option if:

  • You have strong evidence and want to control the litigation
  • You’ve hired an attorney who’s ready to file
  • The CRD’s investigation is taking too long
  • You need to meet other legal deadlines

To request an immediate right-to-sue notice, contact your assigned CRD investigator or submit a written request. The CRD will issue the notice within a few weeks.

Important: Requesting an immediate right-to-sue ends the CRD investigation. You cannot change your mind later and ask the CRD to resume investigating.

Frequently Asked Questions

1. Can I file a CRD complaint if I still work for my employer?

Yes. You can file while still employed. California law prohibits your employer from retaliating against you for filing. If they do, you can file an additional retaliation complaint.

2. What if I signed an arbitration agreement?

You can still file a CRD complaint. Arbitration agreements don’t prevent you from filing with government agencies. However, the arbitration agreement may affect your ability to file a lawsuit later.

3. Can I file anonymously?

No. The CRD requires your name and contact information, and your employer will learn that you filed the complaint during the investigation. However, the CRD keeps complaint information confidential to the extent possible under law.

4. What if my employer closed or went out of business?

You can still file a complaint. The CRD can investigate and potentially hold former owners or successor companies liable. However, collecting damages may be more difficult.

5. How much does it cost to file a CRD complaint?

Filing with the CRD is completely free. There are no fees to submit a complaint or participate in the investigation or mediation.

Related Topics

  • Overview of California Workplace Discrimination Laws
  • Protected Classes Under FEHA
  • Understanding Your Right-to-Sue Notice
  • Retaliation Protections in California
  • Filing Disability Discrimination Claims
  • Employment Law Deadlines in California

Take Action: File Your CRD Complaint Today

If you’ve experienced workplace discrimination, harassment, or retaliation in California, don’t wait. The three-year deadline is firm, and starting the process now protects your rights.

Ready to file? Visit the California Civil Rights Department website to begin your online intake questionnaire.

Need legal guidance? Contact an experienced California employment attorney for a free consultation. An attorney can help you build a stronger case and maximize your recovery.

Have questions about your situation? Read our comprehensive guide to California workplace discrimination laws to understand your rights and options.

Legal Disclaimer

This article provides general information about filing CRD complaints in California and should not be construed as legal advice. Employment law is complex and fact-specific. Every case is different, and outcomes depend on specific circumstances, evidence, and legal arguments.

For advice about your specific situation, consult with a licensed California employment attorney. Many employment attorneys offer free initial consultations and work on contingency fee arrangements. Nothing in this article creates an attorney-client relationship.

The information in this article is current as of the last updated date shown above. Laws, procedures, and agency practices may change. Always verify current requirements with the California Civil Rights Department or a qualified attorney.

References

  • California Civil Rights Department (CRD) official website
  • Fair Employment and Housing Act (FEHA), California Government Code sections 12900-12996
  • California Labor Code sections related to employment discrimination
  • CRD complaint filing procedures and forms
  • California case law on discrimination and retaliation claims