How to file a CRD complaint and get a right-to-sue notice

Why the CRD step comes first

The Fair Employment and Housing Act (FEHA) is California's main law against workplace discrimination, harassment and retaliation. Before a FEHA claim can go to court, the employee must exhaust administrative remedies by filing a complaint with the California Civil Rights Department (CRD), formerly called the Department of Fair Employment and Housing (DFEH).

The CRD complaint does two jobs. It gives the state a chance to investigate, and it opens the door to a civil lawsuit through a document called a right-to-sue notice. Claims that are left out of the CRD complaint can be barred later, so what goes into it matters.

Two paths: investigation or an immediate right-to-sue

When you file, you choose one of two routes:

• Ask the CRD to investigate. The CRD interviews you, decides whether to accept the complaint, and may investigate, offer free mediation, or bring its own case. Investigations can take many months. You can still request a right-to-sue notice later.
• Request an immediate right-to-sue notice. The CRD closes its file and issues the notice right away, usually the same day you file online. This is the usual route when an attorney is handling the case and plans to file a lawsuit.

Neither route is right for everyone. A lawyer can tell you which makes sense for your situation before you file.

How to file, step by step

1. Gather the basics. Your employer's full legal name and address, the names of the people involved, the dates of key events, and what you believe the discrimination, harassment or retaliation was based on (for example, disability, race, age or a complaint you made).
2. Start the intake. Use the CRD's online system (CRD Online), call the CRD, or file by mail. The online system is the fastest.
3. Describe what happened. List every type of harm (for example, denial of accommodation, harassment, retaliation and termination) and every person you may want to name. Leaving something out can limit what you can sue for later.
4. Choose investigation or immediate right-to-sue.
5. Serve the employer, if required. If you take an immediate right-to-sue notice, the complaint must be served on the employer within 60 days. Keep proof of service.
6. Calendar your lawsuit deadline. Once you have the right-to-sue notice, a separate deadline to file in court starts running.

Deadlines

• Filing with the CRD: generally within three years of the last discriminatory, harassing or retaliatory act.
• Filing a lawsuit: generally within one year of the date on the right-to-sue notice.
• Federal claims: a charge with the federal EEOC generally must be filed within 300 days in California. A CRD complaint is usually dual-filed with the EEOC, but check that it was.

Some events can pause or shorten these periods, and public employers may have extra steps. Don't wait until the last few weeks.

Common mistakes that hurt claims

• Naming only the company when an individual harasser should also be named.
• Describing only the firing and leaving out earlier harassment, accommodation denials or complaints.
• Taking an immediate right-to-sue notice and then missing the one-year lawsuit deadline.
• Assuming an internal HR complaint counts as a CRD filing. It doesn't.

Do you need a lawyer to file?

No. Anyone can file with the CRD on their own, and the CRD does not charge a fee. But the complaint frames the whole case, so many employees have an attorney prepare it. When we take a case, we usually prepare and file the CRD complaint for you as part of the representation.

How your case works with us

Most employees have never hired a lawyer before. Here's what working with us looks like, from the first call to resolution.

1. Free, confidential consultation. We listen to what happened, review any documents you have, and tell you honestly whether you have a claim, which laws apply, and which deadlines matter.
2. Investigation. We gather your personnel file, payroll records, and communications, identify witnesses, and request records your employer is legally required to provide.
3. Agency filings, when required. For claims under FEHA, we file with the California Civil Rights Department and obtain a right-to-sue notice so your case can proceed in court.
4. Demand and negotiation. Many cases resolve through a demand letter, early negotiation, or mediation, without a trial.
5. Litigation, if needed. If your employer won't do right by you, we file suit and are prepared to take the case through discovery and trial or arbitration.

Fees. Most employment cases are handled on a contingency basis. You pay no attorney fees unless we recover money for you, and many California employment laws require the employer to pay your attorney fees if you win.