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What each agency handles
California Civil Rights Department
CRD enforces California civil-rights laws, including the Fair Employment and Housing Act (FEHA). Its employment process covers matters such as discrimination, harassment, accommodation, California Family Rights Act and Pregnancy Disability Leave complaints. CRD says FEHA generally applies to employers with five or more employees; harassment protections apply in workplaces with even one employee or independent contractor. See the CRD Employment FAQ for its scope and coverage information.
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Not every workplace problem is a CRD complaint. Unpaid wages and meal- or rest-break disputes, for example, are not employment discrimination claims handled through this process and should be directed to the appropriate labor agency.
U.S. Equal Employment Opportunity Commission
EEOC enforces federal employment-discrimination laws. Its charge process is for claims within those laws and their employer-coverage rules; an unfair workplace decision is not automatically an EEOC claim simply because it happened at work. EEOC explains the charge process and the federal-sector exception on its Filing a Charge of Discrimination page.
How to choose where to start
- Federal agency employer: If you are a federal employee or applicant, use EEOC’s separate federal-sector complaint process rather than the ordinary private-sector comparison.
- California-law claim: For a covered FEHA or other California civil-rights employment complaint, CRD is the state route.
- Federal-law claim: For a claim covered by a federal discrimination statute, EEOC is the federal route.
- Potentially overlapping claim: If the same facts could fall under both state and federal law, file with one agency and ask whether the filing has been dual-filed. A separate filing with both is generally unnecessary for covered overlapping claims.
CRD calls its initial stage an intake; EEOC uses an online inquiry and intake interview before a formal Charge of Discrimination. Starting an intake is not necessarily the same as having a formal administrative complaint or charge accepted and signed.
How long you have to file in California
The agencies describe different time limits, and the applicable period can turn on the legal basis, employer size, conduct date and filing route. Do not treat these figures as interchangeable or wait until the longest period appears to expire.
| Agency or framework | Period described | Important qualification |
|---|---|---|
| CRD employment complaint | Generally three years from the alleged discriminatory act | CRD states this general period in its Employment FAQ and Complaint Process guidance. |
| EEOC charge in California | Generally 300 days for specified claims | EEOC San Francisco lists this period for covered discrimination bases and applicable employer sizes; claim and coverage conditions matter. See San Francisco District Office timeliness guidance. |
| General federal framework | 180 days, extended to 300 days when qualifying state or local law and agency coverage apply | EEOC describes the statutory framework on its How to File a Charge of Employment Discrimination page. |
| CRD period as listed on EEOC San Francisco page | 365 days | EEOC’s California timeliness page lists 365 days for CRD, while CRD’s own current general employment guidance says three years. Verify the deadline for the specific claim directly with the agency. |
The discrepancy between the EEOC San Francisco page’s CRD listing and CRD’s own general employment deadline is a reason to confirm the rule for your claim, not to assume either number covers every case. Exceptions, tolling and claim-specific rules may affect the calculation. EEOC says people with 60 days or fewer remaining should follow its special expedited filing directions.
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Do you need to file with both?
Usually not when a complaint alleges facts covered by both state and federal law. EEOC says charges filed with a state or local fair-employment-practices agency are automatically dual-filed with EEOC when federal law applies. CRD likewise says complaints alleging facts under EEOC-enforced law are automatically filed with EEOC, with CRD usually handling the investigation. The agencies’ FY2025 worksharing agreement describes how they allocate initial processing and issue notices for dual-filed charges.
If your filing route or claim is unusual, ask the receiving agency to confirm whether it has treated the matter as dual-filed. In particular, a CRD request for an immediate right-to-sue notice is not automatically sent to EEOC.
What happens after you contact an agency
CRD intake and investigation
- Submit an intake through CRD’s California Civil Rights System (CCRS) or another intake option described on its Complaint Process page.
- Provide the incident dates and facts, respondent or employer details, relevant records and witness information. Preserve messages, policies, discipline records and accommodation requests that may help explain what happened.
- CRD screens the intake and may accept a formal complaint for investigation. It may investigate, attempt resolution or take legal action, depending on the matter.
EEOC inquiry and charge
- Begin through the EEOC Public Portal with an online inquiry and intake interview, following EEOC’s charge-filing instructions.
- Give a clear timeline, identify the employer and explain the conduct you believe was discriminatory. Keep copies of relevant records and names of witnesses.
- If 60 days or fewer remain on the filing period, use the special expedited directions provided by EEOC rather than relying on the ordinary intake pace.
What a right-to-sue notice means
CRD offers an immediate right-to-sue route for a person who wants to pursue a FEHA case in court instead of having CRD investigate. Choosing that route means CRD will not investigate the complaint; CRD recommends seeking attorney assistance when considering a lawsuit. Its notice states that a person has one year from the notice to file a FEHA suit. Details are on CRD’s Obtain a Right to Sue page.
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A CRD right-to-sue notice is not an EEOC notice: CRD says it will not file a right-to-sue-only complaint with EEOC. If you need a federal right-to-sue notice, contact EEOC separately. Federal lawsuit prerequisites and deadlines depend on the statute and procedural posture, so CRD’s one-year notice period should not be applied to a federal claim.
Practical checks before you file
- Write down each relevant date, including separate incidents and when you learned of a decision.
- Identify whether the employer is a federal agency, a private employer or another type of organization.
- Pin down the possible state or federal legal basis and whether the employer is covered.
- Collect relevant messages, policies, discipline records, accommodation requests and witness names; keep copies in a secure place.
- Contact the appropriate agency promptly if a deadline may be near, and ask whether a filing will be dual-filed if overlapping laws may apply.
- Before choosing a right-to-sue-only route, understand that it gives up CRD investigation and consider legal advice.
This is general process information, not a determination of an individual claim. Agency guidance does not resolve every employer threshold, deadline exception or tolling question; the facts and legal basis can change the answer.
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