How to File a FEHA Complaint With the California Civil Rights Department (CRD)
If you’ve faced workplace discrimination, harassment, retaliation, or denial of a reasonable accommodation in California, the Fair Employment and Housing Act (FEHA) may protect you. In many situations, you must first go through the California Civil Rights Department (CRD) process (formerly DFEH) before you can file a lawsuit—this is often called “administrative exhaustion.” calcivilrights.ca.gov+1
This guide walks you step-by-step through how to file a FEHA complaint with CRD, what information you’ll need, what happens after you submit your intake, and the key deadlines to watch.
Confirm Your Situation Is Covered by FEHA
CRD enforces California laws that prohibit employment discrimination based on protected characteristics and also covers harassment and retaliation.
Common FEHA-covered workplace issues include:
- Discrimination (hiring, firing, pay, promotions) tied to a protected trait
- Harassment/hostile work environment
- Retaliation after you complained, participated in an investigation, or requested accommodations
- Disability accommodation issues and failure to engage in the interactive process
If you’re unsure whether your situation fits, CRD’s employment overview is a good reference point for what’s covered. calcivilrights.ca.gov
Know the Deadline: Typically 3 Years to Submit an Intake Form
In employment cases, CRD states you must submit an intake form within three years from the date you were last harmed. calcivilrights.ca.gov+1
This aligns with California’s FEHA filing statute (Gov. Code § 12960), which governs timing and certain tolling/extension situations. Justia Law+1
Practical tip: Don’t wait until the last few weeks. The process may involve follow-up questions or an intake interview, and you want time to respond without rushing.
Decide Your Path: CRD Investigation vs Immediate Right-to-Sue
CRD explains you do not have to use its investigation process, but in employment cases, if you want to file your own lawsuit, you generally must obtain an immediate Right-to-Sue notice from CRD first. calcivilrights.ca.gov+1
Option A: File with CRD for potential investigation/mediation
If CRD accepts your complaint, the agency may investigate and/or attempt dispute resolution depending on the case. The complaint process overview explains the available pathways.
Option B: Request an immediate Right-to-Sue
CRD has a dedicated page explaining how to obtain a Right-to-Sue and notes that once you take that route, CRD will not investigate your complaint—so it’s often advisable to do this only with legal guidance.
Gather What You Need Before You File
Whether you plan to request investigation or immediate right-to-sue, prepare these basics:
Key information
- Your employer’s correct legal name (and any parent company, staffing agency, or franchise structure)
- Worksite location(s) and your job title
- Key dates: when the harm started, and when you were last harmed
- Names/titles of involved supervisors or coworkers
- A clear description of what happened (facts, not conclusions)
Evidence to organize (don’t panic if you don’t have everything)
- Emails/texts/Slack messages
- Performance reviews, write-ups, schedules
- Complaint emails to HR and any responses
- Witness names and what they observed
You don’t need a perfect “trial binder” to begin—CRD’s intake step is meant to start the process. calcivilrights.ca.gov+1
File Your CRD Intake Form (Fastest Way: Online)
CRD states the fastest and easiest method is filing online through the California Civil Rights System (CCRS) portal.
How to file online (high-level steps)
- Go to the CCRS portal and create an account.
- Choose the option to file a complaint/intake for employment issues.
- Complete the questionnaire/intake form with your information and timeline. calcivilrights.ca.gov
- Submit and follow instructions for next steps (which may include scheduling or completing an intake interview).
CRD also explains there are additional ways to file (such as mail/email), but online is generally the most streamlined.
What Happens After You Submit the Intake
CRD’s complaint process materials explain that submitting an intake form initiates the intake stage; CRD then determines how to proceed and whether a complaint can be accepted/processed. calcivilrights.ca.gov+1
Depending on your selections and the type of case, you may see outcomes like:
- CRD requests more information
- CRD schedules/conducts an intake interview
- CRD accepts a complaint for investigation/mediation (in appropriate cases)
- CRD issues an immediate Right-to-Sue (if you request it and qualify) calcivilrights.ca.gov+1
Important: If you request an immediate Right-to-Sue, CRD’s guidance cautions that the complaint won’t be investigated by CRD, even if you later change your mind.
If You Choose to Sue: Right-to-Sue and Next Steps
A Right-to-Sue notice is the “green light” that allows you to proceed to court for an employment discrimination lawsuit rather than using CRD’s investigation process. CRD explains this option on its Right-to-Sue page.
California regulations also describe that an immediate right-to-sue may be obtained through the department’s system and other submission methods. law.cornell.edu
Practical tip: Once you have the Right-to-Sue, court deadlines begin to matter—so it’s wise to speak to an employment attorney before you choose this route or immediately after you receive the notice. calcivilrights.ca.gov
Tips to Strengthen Your CRD Filing
- Be chronological: write a clean timeline. Start with what happened, who did it, when it happened, and how it affected your job.
- Name comparators: if coworkers in similar roles were treated differently, note that.
- Include “protected activity” clearly in retaliation cases: when you complained, requested accommodations, participated in an investigation, etc.
Avoid workplace devices for your private notes: keep a secure personal copy of key records.
Filing a FEHA complaint with the California Civil Rights Department is often the first formal step toward enforcing your rights. The process typically begins by submitting an intake form within three years in employment cases, then choosing whether you want CRD involvement (when available) or an immediate Right-to-Sue so you can pursue a lawsuit. calcivilrights.ca.gov+2calcivilrights.ca.gov+2
If you’re dealing with discrimination, harassment, or retaliation, consider getting legal guidance early—especially before requesting an immediate Right-to-Sue.
If you believe you have experienced workplace discrimination, harassment, retaliation, or a denial of your rights under FEHA, taking action early matters. Filing a complaint with the California Civil Rights Department can be a critical step—but choosing the right path and timing can directly impact your case.
Smith & Reback Law helps California employees evaluate FEHA claims, prepare CRD filings, and determine whether an investigation or an immediate Right-to-Sue is the best strategy for their situation.
📧 Email: Intake1818@smithrebacklaw.com
📞 Phone: (213) 433-1818
📍 Address: 16255 Ventura Boulevard, Suite 600, Encino, California 91436
Your rights are protected under California law—but they must be enforced properly. If something feels wrong at work, don’t wait to get informed legal guidance.
