California Civil Rights Department Complaint: Filing and Right to Sue

To file a complaint with the California Civil Rights Department, submit an intake form through the Cal Civil Rights System (CCRS), the department’s free online portal, within the deadline that applies to your claim: three years from the last harmful act for employment discrimination, and one year for Unruh or Ralph Civil Rights Act violations.¹ After you submit, a CRD representative schedules an intake interview to determine whether the agency has jurisdiction, and the case then moves toward investigation, voluntary mediation, or a right-to-sue notice that lets you take the matter to Superior Court on your own.

Know Your Deadline First

Missing the filing deadline is the single fastest way to lose your right to pursue a complaint, and no amount of strong evidence fixes it. The clock runs from the date of the last discriminatory act, not the first one.

Employment discrimination and harassment under the Fair Employment and Housing Act: three years from the date you were last harmed.²
Unruh Civil Rights Act and Ralph Civil Rights Act violations: one year from the date of the incident.²
State-funded program discrimination: three years from the date of the incident.²

Two narrow extensions exist. If you discovered the discriminatory conduct only within 90 days after the deadline expired, the deadline stretches by up to 90 days. A minor who was the victim of discrimination gets up to one year after turning 18.² Don’t rely on either. File early.

One other threshold matters. FEHA’s employment discrimination protections apply to employers with five or more workers, but harassment protections cover any employer with even one employee. A three-person office is not too small for a harassment complaint.³

What to Gather Before You File

You don’t need every document perfect before you start, but the stronger your file at intake, the smoother the interview. CRD lets you begin filling out the intake form in CCRS and add information over the next 30 days as you gather it.¹

Pull together:

The respondent’s full legal name and address. For an employer, use the name on your pay stubs or offer letter. For a landlord, check your lease or the property management company’s records. Getting this wrong is the most common early mistake.
Your relationship to the respondent: job title, housing status, or the nature of the business interaction at the time of the incident.
The protected characteristic at issue, such as disability, age, sex, race, national origin, religion, sexual orientation, or another category covered by state civil rights law.⁴
Dates and a factual narrative. What was said, what action was taken, who was present. Stick to observable facts; emotional framing weakens the account at this stage.
Supporting evidence: emails, text messages, performance reviews, lease agreements, witness names, or anything else that corroborates the story.

How to Submit the Complaint

CRD accepts complaints three ways. Online is fastest and creates an immediate record.

Online Through CCRS

The Cal Civil Rights System is a free portal where you create an account, complete the intake form, and upload supporting documents.⁵ Submitting generates a confirmation number. Save it. A CRD representative will contact you to schedule an intake interview.

By Mail

You can print the intake form from the CRD website and mail it to the department’s Sacramento headquarters. Use certified mail so you have a delivery receipt.

By Phone

Phone filing is available for people who need help with the paperwork or have accessibility needs. You’ll receive verbal confirmation followed by written correspondence.

The Intake Interview

The intake interview is not a formality. The CRD representative evaluates whether your allegations fall within the agency’s authority under state law. If your complaint is accepted, CRD drafts a formal complaint for your signature. Once you return it signed, the department serves it on the respondent, which is what puts them on official notice.¹

The Immediate Right-to-Sue Option

You don’t have to wait for CRD to investigate. If you plan to go straight to court, you can file with CRD solely to obtain a right-to-sue notice and skip the investigation entirely. In CCRS, choose the “Right to Sue” option; you can also mail a printed right-to-sue form to the Sacramento office.⁶

This route makes sense if you already have an attorney and your evidence is strong. You give up a free government investigation in exchange for speed and control. Once the notice issues, you have one year to file suit in Superior Court.⁷

Either way, filing with CRD is required before suing under FEHA. This is the exhaustion of administrative remedies requirement: you cannot skip CRD and go straight to court, even if litigation was always your plan.

What Happens If You Choose the Investigation Path

Voluntary Mediation

CRD’s Dispute Resolution Division can take a case for mediation any time after the complaint is filed and served.⁸ Both sides have to agree. Many cases resolve here through a settlement agreement without a drawn-out investigation. If mediation fails, the case returns to the investigation track with no penalty for having tried.

Formal Investigation

Investigators have real tools. Under Government Code section 12963.1, CRD can issue subpoenas compelling witnesses to testify and organizations to produce records, emails, and personnel files.⁹ A respondent who ignores a subpoena can be brought before Superior Court to compel compliance.

How the Case Resolves

After investigating, CRD issues findings. If it determines discrimination occurred, it may negotiate a resolution or file a civil action in court on your behalf. If CRD does not file suit within 150 days of the complaint, it notifies you that you can request a right-to-sue notice and pursue the case yourself.⁷ The one-year clock to sue starts on the date of that notice.

Retaliation Is a Separate Violation

One of the biggest fears about filing is that your employer or landlord will punish you for it. California law prohibits that directly. Government Code section 12940(h) makes it unlawful for an employer to fire, demote, or otherwise penalize someone for filing a discrimination complaint, testifying in a proceeding, or assisting in an investigation.³

Retaliation is its own claim. If you report race discrimination and your employer cuts your hours in response, you now have two complaints. The protection applies even if CRD later concludes the underlying discrimination did not occur; what matters is whether you had a good-faith belief that discrimination was happening when you reported it.

Document any changes to your work conditions, schedule, pay, or treatment that happen after you file. Retaliation cases often turn on timing, and a sudden negative change shortly after a complaint is strong circumstantial evidence.

If Federal Law Also Applies

For employment claims that also violate federal law, you don’t need to file separately with the EEOC. CRD and the EEOC have a worksharing agreement, and each agency acts as the other’s agent for receiving charges. Filing with CRD automatically initiates proceedings with the EEOC.¹⁰ Federal deadlines differ from state ones: the EEOC’s is 300 calendar days from the discriminatory act when a state agency like CRD has jurisdiction, so if you might rely on federal law, track both clocks.¹¹

If you disagree with CRD’s determination, you can request an EEOC review in writing within 15 days of receiving the decision.¹⁰

Mistakes That Stall Complaints at Intake

Naming the wrong respondent is the most common early error. If your direct supervisor harassed you, the respondent is usually the employer, not the individual. If a property management company runs your building, the respondent is that company, not the owner. Confirm the legal name against your employment agreement, lease, or the California Secretary of State’s business search.

Vague narratives slow everything down. “I was treated unfairly” gives CRD nothing to work with. “On March 12, my manager told me I was being moved to a different shift after I disclosed my pregnancy” gives an investigator something concrete. Specificity in dates, statements, and actions separates complaints that move forward from those that stall.

Waiting until the deadline is near creates avoidable risk. Gathering records, locating witnesses, and writing a clear narrative all take time. Starting months in advance leaves room to fix mistakes in your intake form before the clock runs out.

1
California Civil Rights Department. Complaint Process
2
California Legislative Information. California Code Government Code 12960 – Filing Complaints
3
California Legislative Information. California Code Government Code 12940 – Unlawful Employment Practices
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California Legislative Information. California Code Government Code 12926 – Definitions
5
California Civil Rights Department. California Civil Rights Department
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California Civil Rights Department. Obtain a Right to Sue
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California Legislative Information. California Code GOV 12965 – Civil Actions
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California Civil Rights Department. Mediation Services
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California Legislative Information. California Code Government Code 12963.1 – Subpoenas
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U.S. Equal Employment Opportunity Commission. Fair Employment Practices Agencies (FEPAs) and Dual Filing
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U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge