California Civil Rights Department: Discrimination Complaint Process

How to File a Complaint

The First Steps

If you believe you were subjected to discrimination, harassment, or retaliation, CRD may be able to investigate and help you resolve your complaint. The first step is to submit an intake form using one of the options below. It is important to have the following information to provide to CRD:

• The specific facts and any records about the incident(s), including the name and contact information of the person or entity you believe harmed you (if known);
• Copies of any documents or other evidence related to your complaint; and
• The names and contact information of any witnesses (if known)

If you are unable to gather all required information at this time, you can still begin the filing process through CRD’s California Civil Rights System (CCRS) and add additional information as you acquire it. Your unfiled complaint will remain available in the system for 30 days.

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 of the date you were last harmed.

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 submission of the intake form will initiate an intake interview with a CRD representative. The CRD representative will evaluate the allegations and determine if a formal complaint can be accepted for investigation. CRD can only investigate violations of certain civil rights laws. While many people believe they were treated unfairly, CRD can only accept cases if one of the laws it enforces may have been violated. If your complaint is not accepted for investigation, it is not because CRD does not believe you were treated unfairly. Rather it is because your complaint, if proven, would not violate the civil rights laws that CRD enforces.

The Next Steps:

If your complaint is accepted for investigation, CRD will prepare a complaint form for your signature. When you return the signed complaint, it will be sent to the person or entity that you believe discriminated against you.

The filing of a complaint does not mean that CRD has already determined whether there is reasonable cause to believe any laws have been violated. Instead, it means that CRD has preliminarily determined that the allegations are covered by a law that the department enforces.

CRD independently investigates and assesses the facts and legal issues in each case. These investigations and assessments include, among other things, reviewing information and evidence from complainants, respondents, witnesses, or other sources.

CRD may attempt to resolve complaints through conciliation or by referring the case to CRD’s Dispute Resolution Division when appropriate or required by law.

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. If there is reasonable cause, CRD notifies the parties of this determination and may notify them that the department intends to file a lawsuit in court. Prior to filing a lawsuit, CRD typically requires the parties to go to mediation to attempt to reach an agreement to resolve the dispute.