How to File an Employment Discrimination Charge with California’s Civil Rights Department

In California, filing a charge with the Civil Rights Department (CRD) is an administrative requirement before you can bring a formal employment discrimination lawsuit in court. Whether you’re still employed or have already been terminated, the moment you decide to take formal action sets the tone for everything that follows.

At TONG LAW, we regularly represent professionals across California who need to file CRD complaints and who want to do it with precision, protection, and legal strategy from day one.

If you’re searching for how to file a discrimination complaint in California, here’s what you need to know before you click “submit.”

What is a CRD Complaint and Why Does It Matter?

A charge filed with the California Civil Rights Department (formerly DFEH), also called a Complaint of Discrimination, is the first required step in most California employment discrimination cases.

Under the California Fair Employment and Housing Act (FEHA), you must file a CRD charge before you’re allowed to sue in a California court for violations involving:

• Race, color, or national origin
• Gender, gender identity, gender expression, or sexual orientation
• Disability (physical or mental)
• Religion or religious creed
• Age (40+)
• Pregnancy, childbirth, or related medical conditions
• Marital status
• Military or veteran status
• Medical condition or genetic information
• Retaliation for asserting workplace rights

California’s FEHA provides broader protections than federal law, covering employers with as few as 5 employees (Government Code § 12926).

In many cases, CRD will automatically dual-file your charge with the federal EEOC. If you don’t file the right charge with the right agency, or if you miss the deadline, you may be forever precluded from bringing those claims. Timing is of the essence.

Filing a CRD Complaint is a Legal Strategy

You can file a CRD complaint online through the California Civil Rights System (CCRS) portal or in person, but just because you can file on your own doesn’t mean you should.

Filing without legal advice often leads to:

• Missed legal claims
• Vague allegations with no legal weight
• Failure to establish retaliation or a discriminatory motive
• Delays, dismissals, or a weak position if you eventually sue

If your next search was going to be “do I need a lawyer to file a CRD complaint?”—yes. It is advisable to speak with an attorney before submitting a charge.

How to File a CRD Complaint

1. Know Your Filing Deadline

The deadline to file a charge with the Civil Rights Department (CRD) is three (3) years from the date of the last discriminatory act, which is much longer than the federal EEOC’s 180–300 day window.

Before you file, pause and evaluate:

• Documentation: Do you have texts, emails, witnesses, or notes?
• Pattern: Was this a one-time event or part of a larger trend?
• Retaliation risk: Are you still employed and vulnerable to retaliation?

If you are still employed, and filing a CRD charge exposes you to unlawful retaliation under Labor Code § 1102.5 and Government Code § 12940(h), you may have a separate cause of action for retaliation.

2. Draft the Complaint Strategically

Once you submit a charge with the CRD, they will schedule a phone interview to discuss your allegations. If they proceed, the department drafts a formal complaint. A CRD complaint is a legal document, not a narrative of your experience. You must clearly allege:

• The specific protected characteristic(s) at issue
• The adverse employment actions violating FEHA
• Who was involved (names, titles, roles)
• The timeline of key events
• How the treatment differed based on your protected status
• Whether you reported the discrimination internally

Every claim tied to your matter should be included from the start; later lawsuits may be limited to what’s in your CRD complaint.

Tip: Don’t finalize anything without a lawyer. Once submitted, the complaint becomes part of your permanent legal record.

3. Understand the CRD Process

Filing is only the beginning. After you file, the CRD will:

1. Conduct an intake interview to confirm jurisdiction
2. Accept or reject your charge for investigation
3. If accepted, prepare and send the formal complaint to your employer
4. Investigate by reviewing evidence from both sides
5. Offer mediation through the Dispute Resolution Division (if both parties agree)
6. Make a determination about reasonable cause
7. Issue a Right-to-Sue letter if they decide not to pursue the case

CRD’s evaluation is straightforward: they ask whether the alleged facts, if proven, would violate California civil rights laws. But investigations can take months—or longer—while employers often involve legal counsel immediately. You should, too.

Important: The CRD does not represent you. Their job is to evaluate complaints, not advocate for your compensation, reinstatement, or reputation. Having your own legal team ensures you are protected and informed at every step.

Do I Still Have Rights If I Already Quit?

Yes. You can file a CRD complaint after you leave a job, as long as you do so within the three-year deadline.

In fact, many strong cases involve constructive discharge, when an employee is forced to quit due to intolerable, unlawful conditions that would cause a reasonable person to resign.

Can I File While Still Employed?

Yes, but proceed carefully. Filing while still working is legally valid, but often professionally risky.

You need to prepare for the possibility of:

• Subtle retaliation (shift in responsibilities, micromanagement)
• Targeted performance reviews
• Deterioration in your workplace relationships
• Increased scrutiny of your work

Having a lawyer can make it easier to monitor these patterns and respond in real time, preserving your legal position while protecting your job as long as possible.

Why File With a Lawyer Instead of Doing It Yourself?

You wouldn’t go to court without counsel—filing a CRD complaint is no different.

An experienced employment attorney will:

• Evaluate whether your experience rises to the legal standard under FEHA
• Draft your complaint to preserve every viable claim
• Ensure jurisdiction and deadlines are met
• Communicate directly with CRD on your behalf
• Advise you during mediation or investigation
• Obtain an immediate Right to Sue letter if litigation is the best strategy
• Preserve your ability to sue if your case isn’t resolved through CRD

Put simply: you’re filing a legal charge against your employer. You deserve legal strategy, not just a submission receipt.

What About Federal Claims?

While CRD handles most discrimination cases in California, some situations may benefit from federal EEOC filing, particularly if:

• Your employer is a federal contractor
• You’re seeking specific federal remedies
• Your claims involve federal-only protections

CRD often dual-files with the EEOC automatically, but an attorney can ensure your federal rights are fully protected alongside your stronger California claims.

Why TONG LAW?

At TONG LAW, we represent employees—not employers—and we never take shortcuts when it comes to building your legal position. We assist professionals across California who are serious about protecting their rights, reputations, and futures.

Our founder, Vincent Tong, serves on the Executive Board of the California Employment Lawyers Association and has successfully represented employees in discrimination cases throughout the state of California. We understand both the legal requirements and the human impact of workplace discrimination.

Whether you’re ready to file today or want to discuss your options confidentially, our team can help navigate the CRD process strategically.

Take Action Today

If you’re considering filing a CRD complaint, don’t try to handle it alone. The decisions you make now—from how you draft your complaint to when you file it—will affect your case for months or years to come.

Contact TONG LAW today to speak with an experienced employment attorney who can help you file strategically, protect your rights, and move forward with strength.