How to File a Complaint with the CRD (California Civil Rights Department)
The California Civil Rights Department, formerly known as the Department of Fair Employment and Housing (DFEH), renamed in 2022, is the state agency responsible for enforcing California’s anti-discrimination and anti-harassment laws, including the Fair Employment and Housing Act. For most California employees pursuing a sexual harassment claim, filing with the CRD is the starting point for formal legal action.
What the CRD Does
The CRD investigates complaints of workplace discrimination, harassment, and retaliation filed under FEHA. When it finds evidence of a violation, it can attempt to resolve the matter through mediation, file a civil action on behalf of the complainant, or issue a right-to-sue notice that authorizes the complainant to file their own civil lawsuit. Filing a complaint with the CRD is required before filing a FEHA-based lawsuit in court; it’s a jurisdictional prerequisite, not an optional step.
Who Can File
Any current or former California employee who believes they have been subjected to sexual harassment in violation of FEHA may file a complaint. FEHA applies to employers with five or more employees and covers full-time, part-time, and some contract workers. There is no income threshold, no citizenship requirement, and no requirement that you still be employed at the company when you file.
Step 1: Pre-Complaint Intake
The CRD’s filing process begins with a pre-complaint intake questionnaire, available online at calcivilrights.ca.gov. The intake form asks for:
- Your name and contact information
- Your employer’s name, address, and approximate number of employees
- The name and position of the person who harassed you
- A description of what happened and when it occurred
- Whether you reported the conduct internally and what response you received
- The most recent date the harassment occurred
The intake form does not need to be a complete legal argument. It needs to identify the basic facts that allow the CRD to determine whether a complaint falls within its jurisdiction. The CRD also accepts complaints by phone at 1-800-884-1684 and by mail, though online intake is generally the fastest option.
Step 2: The Formal Complaint
After the intake questionnaire is submitted, the CRD will contact you to discuss your complaint and, if it falls within FEHA’s scope, will prepare a formal complaint for your signature. This formal complaint triggers employer notification and officially starts the administrative process.
Step 3: Employer Notification
The CRD notifies the employer that a complaint has been filed. This notification is not a finding of wrongdoing, it initiates the process. At this point, the employer will typically retain employment defense counsel if it hasn’t already done so.
Step 4: Mediation
The CRD offers a mediation program for qualifying complaints. Mediation is a voluntary process in which a neutral mediator facilitates negotiation between the employee and employer. Both parties must consent. Mediation can resolve a complaint faster and with less expense than a full investigation or civil litigation, but not every case is suitable for early mediation, and whether to pursue it is a strategic decision that depends on the facts.
Step 5: Investigation or Right-to-Sue
If mediation is not pursued or does not resolve the complaint, the CRD may conduct an investigation, reviewing records, interviewing witnesses, and assessing evidence. CRD investigations can take a year or longer. Most employment attorneys recommend requesting an immediate right-to-sue notice rather than waiting for an investigation. Investigations are slow and their outcomes uncertain, while a right-to-sue notice gives you direct control over the timeline for filing a civil lawsuit. The notice can be requested at any time after the complaint is filed.
Step 6: Civil Lawsuit
Once you have a right-to-sue notice, you have one year to file a civil lawsuit in California superior court. This is the stage at which most harassment cases are litigated, settled, or resolved. Civil litigation provides access to formal discovery, including depositions, document requests, interrogatories, and subpoenas, and ultimately a jury trial if the case doesn’t settle.
Filing with the EEOC
For federal Title VII claims, a charge must be filed with the Equal Employment Opportunity Commission within 300 days of the last act of harassment. California’s work-sharing agreement with the EEOC means that filing with the CRD generally preserves your federal rights, and vice versa. Your attorney will ensure that both agencies are properly notified if federal claims are relevant to your strategy.
The Role of an Attorney
You are not required to have an attorney to file a CRD complaint. However, the decisions made at the administrative stage, such as what to include in the complaint, whether to pursue mediation, and when to request a right-to-sue notice, have downstream consequences for your civil case. Having a sexual harassment attorney involved from the beginning ensures those decisions are made strategically rather than inadvertently.
Employee Rights Attorney Group handles the CRD filing process for clients as part of full case representation. Consultations are confidential and there are no fees unless you recover. Call (310) 300-3435.
