How to File a Discrimination Complaint With the California Civil Rights Department

What the Civil Rights Department Is and What It Enforces

The California Civil Rights Department (CRD) is the state agency that enforces California's civil rights laws. Until July 2022 the same agency was called the Department of Fair Employment and Housing (DFEH); the department's own materials describe the change as a renaming intended to reflect its broadened duties, not a change in the underlying rights it enforces. Older forms, court decisions, and articles that refer to "DFEH" are generally referring to the same agency and the same statutory scheme.

In the employment context, CRD's central statute is the Fair Employment and Housing Act (FEHA), codified at Government Code section 12900 and following. CRD also enforces the California Family Rights Act, and outside employment it handles housing discrimination, discrimination by business establishments and state-funded programs, hate violence, and human trafficking matters.

The department's statutory functions are set out in Government Code section 12930. They include receiving, investigating, conciliating, mediating, and prosecuting complaints of unlawful employment practices; issuing subpoenas and taking testimony under oath; and bringing civil actions under Government Code section 12965. CRD is an enforcement agency acting in the public interest — it is not a law firm and does not serve as a complainant's private attorney.

Who Is Covered: Employer Size Thresholds

FEHA's coverage threshold differs depending on the type of claim, and this distinction matters a great deal in practice.

For discrimination and retaliation claims, Government Code section 12926(d) defines "employer" to include "any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly," along with the state and its political and civil subdivisions and cities. The same subdivision excludes a religious association or corporation not organized for private profit.

For harassment claims, the threshold is different and far broader. Government Code section 12940(j)(4)(A) defines "employer" for harassment purposes to include "any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract." CRD states the same rule plainly on its employment page: "Harassment is prohibited in all workplaces, even those with fewer than five employees."

FEHA's harassment protections also extend beyond employees. Section 12940(j) makes it unlawful to harass "an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract." Whether a particular employer or working relationship falls within these definitions is a legal question that depends on specific facts, and readers with questions about their own situation should consult an attorney or contact CRD directly.

What Conduct Is Covered

Government Code section 12940(a) prohibits employment discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran or military status. CRD's own listing adds the clarifications that "age" means 40 and over and that "sex, gender" includes pregnancy, childbirth, breastfeeding, and related medical conditions.

Harassment on those same bases is prohibited under section 12940(j). Retaliation is addressed separately in section 12940(h), which makes it unlawful for a covered entity to take adverse action against a person "because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part."

Section 12940(k) adds a distinct obligation: an employer may not fail "to take all reasonable steps necessary to prevent discrimination and harassment from occurring." This is a separate theory from the underlying discrimination or harassment itself.

The Deadline to File With CRD: Three Years

Government Code section 12960(e)(5) provides that a complaint alleging a violation of Civil Code section 51.9 "or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred." This three-year window covers the FEHA employment claims described above.

The three-year period is the product of AB 9 (Stats. 2019, ch. 709), signed October 10, 2019 and operative January 1, 2020, which extended the prior one-year administrative deadline. AB 9 contains an express limitation: "This act shall not be interpreted to revive lapsed claims." Conduct whose one-year deadline had already expired before the extension took effect was not restored by it.

CRD states the deadline in plain terms on its complaint process page: "In employment cases, you must submit an intake form to CRD within three years of the date you were last harmed. In most other cases, you must do this within one year." The one-year figure applies to CRD's non-employment jurisdiction, such as Unruh Civil Rights Act and Ralph Act complaints under section 12960(e)(1), and readers should not confuse it with the employment deadline.

How the filing date is fixed is itself a statutory rule. Government Code section 12960(b) provides that "[f]iling a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form." The intake form date is therefore the date that counts for limitations purposes, even though a signed verified complaint is prepared later.

Section 12960(e)(6) provides limited extensions in defined circumstances — including where the person first discovered the relevant facts after the deadline, where additional time is needed to identify the correct employer, and where the person has recently reached the age of majority. These provisions are narrow and fact-specific; whether any of them applies to a particular situation is a question for an attorney or for CRD.

How to File: CRD's Current Intake Channels

CRD's online filing system is called the California Civil Rights System, abbreviated CCRS. It remains in use and is reached at ccrs.calcivilrights.ca.gov. CRD describes it as a cloud-based platform that "allows members of the public and their representatives to submit complaints online 24/7," and calls online filing "the fastest and easiest way." CRD's pages use both "California Civil Rights System" and the shorter "Cal Civil Rights System" for the same portal; CCRS is the abbreviation used throughout.

Every route begins with an intake form. CRD's process page states: "The first step is to submit an intake form using one of the options below." Intake forms are available in multiple languages and in categories matching CRD's different areas of jurisdiction, so selecting the employment form matters.

Filing through CCRS requires registering an account with a valid email address; the guided form walks the filer through each section, and a partially completed online filing can be paused and resumed within 30 days of complaint creation. That 30-day pause window is a portal convenience and is not a substitute for the statutory three-year deadline.

• Online: the CCRS portal at ccrs.calcivilrights.ca.gov — CRD's designated fastest channel, available at any hour
• Email: a completed intake form sent to contact.center@calcivilrights.ca.gov
• Mail: CRD, 651 Bannon Street, Suite 200, Sacramento, CA 95811 — CRD cautions that "filing by mail may increase processing time"
• Phone: the CRD Contact Center at 800-884-1684 (voice), or California's Relay Service at 711, Monday through Friday, 8 a.m. to 5 p.m., except state holidays
• In person: at a CRD regional office (office locations are listed on CRD's website and should be confirmed before travelling)

What Happens After a Complaint Is Filed

Submitting the intake form triggers the next step rather than completing the process. CRD states that "[t]he submission of the intake form will initiate an intake interview with a CRD representative." During that interview a CRD representative evaluates whether the allegations fall within the department's jurisdiction.

If the matter is accepted, CRD "will prepare a complaint form for your signature." Government Code section 12960(c) requires that the verified complaint identify the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice, "set forth the particulars thereof," and contain such other information as the department requires. The director may also initiate a complaint on the department's own motion under the same subdivision.

Where a complaint is accepted for investigation, CRD "independently investigates and assesses the facts and legal issues in each case." Its investigative powers under section 12930 include issuing subpoenas for witnesses and documents, administering oaths, and petitioning the superior court to compel compliance.

CRD may also route a case toward resolution rather than adjudication. The department "may attempt to resolve complaints through conciliation or by referring the case to CRD's Dispute Resolution Division when appropriate or required by law." The Dispute Resolution Division (DRD) provides mediation through trained mediators and can accept a pending complaint "at any point, from immediately after a complaint is filed and served through an internal appeal challenging the closure of a complaint." CRD describes these as "free dispute resolution services." Separately, CRD states that "[p]rior to filing a lawsuit, CRD typically requires the parties to go to mediation," and Government Code section 12965(a) requires department civil actions to proceed through mandatory dispute resolution first.

At the end of an investigation, CRD "uses the facts obtained through its investigation to determine if there is reasonable cause to believe that a law the department enforces has been violated. If not, the case is closed." A complainant who disagrees with the closure of an investigated case "may file an appeal" within the department.

Right-to-Sue Notices: Immediate Versus After Investigation

A FEHA lawsuit in California court requires a right-to-sue notice from CRD. There are two procedural paths to one, and they lead to materially different administrative outcomes.

The first is the immediate right-to-sue notice. CRD states: "You do not have to use the CRD investigation process. You can instead file your own lawsuit. However, in employment cases only, you must obtain an immediate Right-to-Sue notice from CRD before filing your own lawsuit in court." The consequence is stated equally plainly: "if you receive a right-to-sue notice, your complaint will not be investigated by CRD even if you later decide not to file a lawsuit." Requesting an immediate notice therefore closes the administrative route. CRD's own guidance frames this option as one taken in conjunction with counsel, noting that it "is advisable only if you have an attorney" and that "you should have an attorney to file a lawsuit."

The second path runs through investigation. Government Code section 12965(c)(1)(A) provides that "if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice." Under this route the complainant keeps the benefit of a CRD investigation, any conciliation or mediation CRD offers, and the possibility that CRD itself brings suit — at the cost of time.

For group or class complaints, section 12965(c)(1)(B) sets the notice at completion of the investigation and "not later than two years after the filing of the complaint." Section 12965(c)(1)(C), as amended in 2025, addresses complaints related to a director's complaint or a group or class complaint, providing that the notice issues on request or, absent a request, after the related matter has been fully and finally disposed of.

These are procedural descriptions, not recommendations. Which path fits a given situation depends on facts, evidence, timing, and litigation strategy, and the choice is one for a person and their own attorney to make.

The One-Year Deadline to Sue After a Right-to-Sue Notice

The three-year deadline to file with CRD and the deadline to file a lawsuit are two separate clocks, and confusing them is a common and consequential error.

Government Code section 12965(c)(1)(D) provides that a right-to-sue notice "shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice." CRD repeats the rule in its right-to-sue materials: "you have one year from the date of your Right to Sue notice to file a lawsuit."

The one-year period runs from the date of the notice, and the notice names specific respondents — the statute ties the right to sue to the parties "named in the verified complaint." Who must be named, and when, are questions for counsel.

Two tolling provisions bear on these clocks. Government Code section 12960(f) provides that, "[n]otwithstanding any tolling or limitations period under any other law," the time to file a civil action is tolled from the filing of a CRD complaint until either CRD files its own civil action or one year after CRD issues written notice that it has closed its investigation without filing suit — or, if the complainant timely appeals the closure, one year after written notice that the complaint remains closed following the appeal. That subdivision applies retroactively but "is not intended to revive claims that have already lapsed." Separately, section 12965(f) tolls the one-year period where a charge is filed with both agencies and the EEOC defers its investigation to CRD, with the deadline expiring when the federal right-to-sue period expires or one year from the CRD notice, whichever is later.

Statutes of limitations interact with facts in ways that general guidance cannot resolve. Anyone whose deadline may be approaching should consult an attorney promptly rather than relying on a general description of the rules.

The EEOC, Dual Filing, and the 300-Day Federal Deadline

Federal law runs on a separate and much shorter clock. The EEOC states the general rule as follows: "In general, you need to file a charge within 180 calendar days from the day the discrimination took place." That period is extended where a parallel state or local law exists: "The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis." Because California has such a law and such an agency, the 300-day period is the one generally relevant to California workers. For age discrimination, the EEOC notes the extension applies only where there is a state law and a state enforcing agency, not merely a local one.

Federal deadlines are counted in calendar days. The EEOC notes that "[h]olidays and weekends are included in the calculation, although if the deadline falls on a weekend or holiday, you will have until the next business day."

Dual filing is a mechanism between agencies. The EEOC explains that where a state or local fair employment practices agency (FEPA) has a worksharing agreement with the EEOC, a charge filed with the FEPA is dual filed with the EEOC — "meaning EEOC will receive a copy of the charge" — while the FEPA "will usually retain the charge for processing." The reverse also occurs: a charge filed first with the EEOC is dual filed with the FEPA, with the EEOC ordinarily retaining it for processing.

An important qualification appears in CRD's own right-to-sue instructions. CRD advises that "CRD will not file your complaint with EEOC, and that if you wish to obtain a federal Right to Sue notice, you must visit EEOC's Website, or call them at (800) 669-4000 or TTY (800) 669-6820." Readers who intend to preserve federal claims should not assume that a CRD filing automatically protects them, and should confirm the current position directly with both agencies. The EEOC accepts charges through its online public portal, in person at its offices, by mail, and can be reached by phone at 1-800-669-4000, though the EEOC notes charges cannot be completed over the phone.

Cost, Representation, and Protection Against Retaliation

CRD states directly that its process does not require counsel: "You are free to hire or consult with a lawyer, but the process does not require a lawyer." CRD also describes its Dispute Resolution Division services as free. CRD's published intake materials do not set out any filing fee for submitting an intake form, and the department is a public enforcement agency rather than a fee-charging tribunal; readers who need certainty on cost should confirm with CRD's Contact Center at 800-884-1684.

Filing itself is protected activity. Government Code section 12940(h) makes it unlawful to take adverse action against a person "because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part." Retaliation for filing a CRD complaint, for participating in a CRD investigation, or for assisting someone else's complaint is itself a separate FEHA violation that can be the subject of its own complaint.

Because retaliation is a distinct claim with its own facts and its own timing, a person who believes they have been retaliated against after filing should raise it with CRD or with their own attorney rather than assuming it is folded into the original complaint.

What CRD Can and Cannot Do for a Complainant

CRD lists the remedies available in employment matters as back pay (past lost earnings), front pay (future lost earnings), hiring or reinstatement, promotion, out-of-pocket expenses, policy changes, training, reasonable accommodations, damages for emotional distress, punitive damages, and attorney's fees and costs.

Where the department itself brings a civil action under Government Code section 12965, a court may order relief including affirmative measures such as employer training for employees, supervisors, and management. Section 12965(d) also addresses civil penalties in that setting.

The limits matter as much as the powers. CRD investigates and enforces in the public interest; it does not act as the complainant's private lawyer, and CRD's own materials repeatedly direct people to retain counsel for litigation. CRD does not decide a case like a court — where it finds no reasonable cause, it closes the file, subject to an internal appeal. Requesting an immediate right-to-sue notice ends CRD's involvement in investigating the matter. CRD does not file a complainant's federal EEOC charge for them in the right-to-sue scenario, and it does not litigate every case in which it finds cause. Government Code section 12965(a) also requires the department to attempt resolution through conference, conciliation, mediation, or persuasion, and to proceed through mandatory dispute resolution, before bringing suit.

Where to Get Help

This guide is general legal information about a public agency's published procedures. It is not legal advice, it does not create an attorney-client relationship, and it does not apply the law to any particular person's circumstances. Wiser Workplace is a technology platform, not a law firm.

Deadlines under FEHA and federal law are strict and interact with each other in ways that depend heavily on individual facts. Anyone deciding whether to file, which agency to file with, whether to request an immediate right-to-sue notice, or when a limitations period expires should consult a licensed California attorney or contact the agency directly.

CRD's Contact Center can be reached at 800-884-1684 (voice) or through California's Relay Service at 711, Monday through Friday, 8 a.m. to 5 p.m. except state holidays, and by email at contact.center@calcivilrights.ca.gov. The EEOC can be reached at 1-800-669-4000 or TTY 1-800-669-6820. Agency procedures, forms, and contact details change; readers should verify current information on calcivilrights.ca.gov and eeoc.gov before acting.