How to File a Discrimination Complaint With the CRD and EEOC in California: A Step-by-Step Guide

This guide walks through the procedure, step by step. If what you need is to understand what counts as discrimination and what the law says, that is on our employment discrimination page. Here we assume you already believe you have a case and what you are missing is what to do, in what order, and against which deadlines.

1. Why this step is mandatory

California’s Fair Employment and Housing Act (FEHA) requires you to exhaust the administrative remedy before going to court. In practical terms: the CRD first, the courthouse second. This is not a bureaucratic formality. It is a jurisdictional prerequisite, and courts dismiss FEHA claims where the administrative complaint was never filed or was filed late.

This surprises most people, and it is the reason to be skeptical of articles saying that in California “you have three years to sue for discrimination.” The three years are for filing with the CRD. The deadline to file in court is a different one, and it starts running afterward.

2. The detail that saves cases: intake stops the clock

The process involves two distinct documents, and confusing them costs cases. First you file an intake form describing what happened. Then the CRD prepares the verified formal complaint, which is the document served on the employer.

Here is what matters: under California practice, the date that counts for the deadline is the intake form’s date. The formal complaint is drafted later and relates back to the intake date. If your three-year deadline expires in two weeks, filing the intake now protects your right even if the formal complaint is completed months later.

3. The four ways to file

• Online, through the California Civil Rights System (CCRS). This is the fastest route and it is available around the clock. You create an account at ccrs.calcivilrights.ca.gov and submit the intake there. It produces an immediate record of the filing date, which is exactly what you want.
• By mail, using the intake form printed from the CRD site. If you use mail, send it with delivery confirmation so you have proof of the date.
• By phone, calling the CRD, where staff take the information from you.
• In person. In San Francisco the CRD office is at 455 Golden Gate Avenue in the Civic Center, a short walk from the Civic Center BART station.

You do not need an attorney to file the intake, and there is no filing fee. It is worth getting advice before deciding whether to request an immediate right-to-sue notice, because that decision closes off the administrative investigation.

4. What information to gather first

• The employer’s legal name and address. The legal name, not the trade name: it appears on your pay stubs. If you work through a staffing agency, note both companies.
• Approximate number of employees. This determines FEHA coverage: five or more for discrimination, and any size for harassment.
• Dates. Start and end of employment, and the date of the most recent discriminatory act, which is what sets your deadline.
• The protected characteristic the treatment was based on: race, national origin, sex, gender, pregnancy, age 40 or over, disability, religion, sexual orientation, or another FEHA category.
• A timeline of events with dates, names, job titles, and the exact words you remember.
• Whether you reported internally, to whom, when, and what happened next. This may add a retaliation claim.
• Witness names with personal contact details, not work ones.
• Documents: reviews, emails, messages, discipline letters, the employee handbook, and your pay stubs.

5. Dual filing with the EEOC

The CRD and the EEOC maintain a work-sharing agreement: a charge filed with either agency is deemed filed with the other. You do not have to go through the process twice.

That agreement has a concrete effect on deadlines. The general federal deadline with the EEOC is 180 days, but in states with an equivalent state agency — California is one — it extends to 300 days. That is still far shorter than the three-year state deadline, and it is the one most often missed.

6. The three paths after you file

Once the intake is filed, the CRD reviews the complaint for completeness and FEHA coverage, and the case can then take one of three paths:

1. Mediation. The CRD offers a voluntary dispute resolution program. It is free, relatively fast, and does not obligate you to accept anything. If no agreement is reached, the case continues.
2. Formal investigation. The CRD requests documents from the employer, interviews witnesses, and determines whether there is probable cause. It costs you nothing, but it is slow: investigations typically take 12 to 24 months. If the CRD finds cause, it can attempt conciliation or even litigate the case itself.
3. Immediate right-to-sue notice. You waive the investigation and get permission to go to court on your own right away.

7. The right-to-sue notice: when to request it immediately

You can request the right-to-sue notice when you file. Where the worker already has counsel and intends to litigate, an immediate notice is typically issued within 30 to 60 days. It is the route used in most cases that end up in court.

Request it immediately when:

• You already have an attorney and the plan is to litigate.
• Damages are significant, especially where emotional distress or punitive damages are in play, since the administrative process does not award them.
• Waiting 12 to 24 months would degrade the evidence or the witnesses.
• Several claims are joined, for example discrimination together with unpaid wages or Labor Code retaliation.

Do not request it immediately when:

• You have no attorney and do not plan to retain one. Without the notice, the CRD investigates on your behalf at no cost.
• The employer is small and early mediation could resolve the matter.
• Your primary goal is not money but a change in conduct or an official finding.

8. The deadlines, in one place

• CRD complaint: three years from the most recent act (Gov. Code § 12960(e)).
• EEOC charge: 300 days in California, because of the work-sharing agreement.
• Civil action after the notice: one year from issuance (§ 12965(c)(1)(D)).
• Issuance of an immediate notice: typically 30 to 60 days from request, where you are represented.
• CRD investigation: typically 12 to 24 months.
• Labor Code retaliation (§§ 1102.5, 98.6): generally three years, with no mandatory administrative step.
• Unpaid wages: three years, four under the Unfair Competition Law (Bus. & Prof. Code § 17208).

Where several claims exist, each runs on its own clock and the shortest one governs. That is why it is worth identifying every possible claim before filing rather than after.

9. The mistakes that close cases

• Assuming you can go straight to court. Without the CRD step, a FEHA lawsuit is dismissed.
• Counting the deadline from the first incident. In a continuing pattern, the clock runs from the most recent act.
• Requesting the right-to-sue notice too early and letting the one-year window lapse.
• Describing only the worst incident. The full pattern matters, particularly under § 12923, which rejects the stray-remark doctrine.
• Leaving out the retaliation. If you were punished after reporting, that is a separate claim and is often worth more than the original one. Under SB 497, an adverse action within 90 days of your complaint presumes retaliation.
• Naming the employer incorrectly. Use the legal name from your pay stubs, and where an agency was involved, include both companies.
• Signing a separation agreement without review. It usually releases claims you do not yet know you have.
• Staying silent because of a confidentiality clause. Under the Silenced No More Act (SB 331, Code Civ. Proc. § 1001 and Gov. Code § 12964.5), an agreement cannot stop you from disclosing the facts underlying a harassment or discrimination claim.