CRD vs. EEOC: Where to File a Discrimination Complaint in California

Most California workers should file a discrimination complaint with the state Civil Rights Department (CRD), not just the federal EEOC, because California law covers more employers, protects more characteristics, gives you more time, and has no caps on emotional distress or punitive damages. And because the two agencies share complaints, filing with one usually counts as filing with the other.

The choice matters in dollars. Under federal law, a worker at a company with 80 employees can recover no more than $50,000 combined for emotional distress and punitive damages, even if a jury awards $500,000. Under California’s Fair Employment and Housing Act (FEHA), there is no such cap.

This guide compares the CRD and the EEOC side by side, explains who each covers, the damages and deadlines, how dual filing works, what each agency’s process looks like, and when a federal filing still makes sense.

The short answer: the CRD for most California workers

The Civil Rights Department enforces FEHA (Gov. Code 12900 and following), California’s anti-discrimination law. The Equal Employment Opportunity Commission (EEOC) enforces federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA).

Both agencies handle discrimination, harassment and retaliation. For a private-sector or state or local government worker in California, FEHA is usually the stronger law. That is why most employment lawyers build California cases around FEHA claims filed in state court, after filing a CRD complaint and getting a right-to-sue notice.

The EEOC still matters in some situations, especially for federal employees, which we cover below.

By the numbers300 days

CRD vs. EEOC side by side

	CRD (California)	EEOC (federal)
Main law	FEHA	Title VII, ADA, ADEA, Equal Pay Act
Employers covered	5+ employees (harassment: any size)	15+ (Title VII, ADA); 20+ (ADEA)
Deadline to file	3 years	300 days in California
Deadline to sue after notice	1 year	90 days
Caps on emotional distress and punitive damages	None	$50,000 to $300,000 by employer size
Attorney’s fees for a winning worker	Yes	Yes
Where you sue	Usually California superior court	Usually federal court

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Who each agency covers

Employer size. FEHA’s discrimination rules apply to employers with five or more employees, and its harassment rules apply to every employer, even one with a single employee (Gov. Code 12926, 12940(j)). Title VII and the ADA require 15 employees; the ADEA requires 20. A worker at a 10-person business may have no federal claim at all, but a full state claim.

Protected characteristics. Both laws cover race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, disability and age 40 and over. FEHA adds protections federal law does not spell out, including marital status, medical condition, genetic information, military and veteran status, gender expression, and reproductive health decision-making.

Who else FEHA protects. FEHA’s harassment protections extend beyond employees to unpaid interns, volunteers, and people providing services under a contract (Gov. Code 12940(j)). Federal law generally protects employees only.

Who is not covered by FEHA. Federal government employees cannot use FEHA against their federal employer. They must use the federal process, which starts with contacting the agency’s EEO counselor within 45 days. Certain nonprofit religious organizations are also excluded from FEHA’s definition of employer in many situations.

Damages: why the federal caps matter

Under 42 U.S.C. 1981a(b)(3), Title VII and ADA compensatory damages for emotional distress and punitive damages are capped combined based on the employer’s size:

• 15 to 100 employees: $50,000
• 101 to 200 employees: $100,000
• 201 to 500 employees: $200,000
• More than 500 employees: $300,000

Back pay is not capped under either law. FEHA has no caps on emotional distress or punitive damages, and it allows a winning worker to recover attorney’s fees (Gov. Code 12965).

💡 Example: Lena works for a company with 80 employees and is fired after disclosing her pregnancy. A jury awards $40,000 in back pay and $250,000 for emotional distress. Under Title VII, the emotional distress award is cut to the $50,000 cap, for a total of $90,000. Under FEHA, the full $290,000 stands.

For how these categories are valued, see how much an employment case is worth in California.

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Deadlines compared

Step	FEHA (CRD)	Federal (EEOC)
File the administrative complaint	3 years from the last unlawful act (Gov. Code 12960)	300 days in California (42 U.S.C. 2000e-5(e))
Get permission to sue	Immediate right-to-sue notice available on request	Notice of right to sue, usually after the EEOC process; ADEA claims can be filed in court 60 days after the charge
File the lawsuit	1 year after the right-to-sue notice	90 days after the notice of right to sue
Federal employees	Not covered	Contact an EEO counselor within 45 days

Deadlines generally run from the last unlawful act, such as the date you were fired or demoted. When harassment is ongoing, the clock is usually measured from the last incident, though each separate act, like a denied promotion, can have its own deadline. The federal 300-day deadline is the one most often missed. If you might want federal claims, don’t wait.

Key fact

Dual filing and the worksharing agreement

The CRD and the EEOC have a worksharing agreement. According to the CRD, a complaint filed with the EEOC is automatically filed with the CRD too, and a CRD complaint that alleges facts violating a federal law the EEOC enforces is automatically filed with the EEOC. Usually, whichever agency received the complaint first investigates.

Dual filing preserves both sets of rights, but it does not give you both right-to-sue notices automatically. To sue under FEHA you need a CRD right-to-sue notice, and to sue under Title VII or the ADA you need an EEOC notice. In some situations, FEHA deadlines are tolled while the EEOC investigates a dual-filed charge, but you should not rely on that without a lawyer’s review.

What each process looks like. At the EEOC, you typically submit an inquiry through its online portal, complete an intake interview, and then sign a formal charge, which the EEOC sends to the employer. The EEOC may offer mediation, investigate, or issue a notice of right to sue. At the CRD, you submit an intake form, the CRD decides whether to accept the complaint for investigation, and it may offer free mediation. Both processes can take many months, which is why workers with a lawyer usually request a CRD right-to-sue notice and file in court.

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When the EEOC still matters

• You work for the federal government. The federal process is your only route.
• You want federal claims preserved. If you are still within 300 days, a dual-filed charge keeps federal claims available at little cost.
• Federal-only claims. Some claims, such as certain Equal Pay Act claims, can go straight to federal court without an EEOC charge.
• Your employer disputes FEHA coverage. If the employer claims it falls outside FEHA, for example as an exempt religious organization, federal law may provide a separate path.

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Step by step: deciding where to file

1. Count the days since the last discriminatory act. Inside 300 days, you can preserve both state and federal claims.
2. Count employees. Five or more brings FEHA discrimination rules; 15 or more brings Title VII and the ADA.
3. Check who employs you. Federal employees must use the federal EEO process.
4. Write down every basis and act, including retaliation after any complaint.
5. Talk to an employment lawyer before requesting a right-to-sue notice from either agency, because each starts a lawsuit deadline.
6. File with the CRD (usually through counsel) and request a right-to-sue notice when you are ready to go to court.

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Discrimination is often the tip of the iceberg

Discrimination cases rarely come alone. We often find retaliation after a complaint, unpaid overtime, missed meal and rest breaks or late final pay in the same workplace. Wage claims and Labor Code whistleblower claims don’t go through the CRD or the EEOC and have their own deadlines. If you were fired after complaining to HR, both agencies may be only part of the picture.

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Frequently asked questions

Should I file with both the CRD and the EEOC?

You usually don’t need to file twice. Thanks to the worksharing agreement, a filing with one is generally dual-filed with the other. What matters is getting the right-to-sue notice you need for the claims you plan to bring.

Which agency is faster?

Neither investigation is fast. If speed matters, the quickest route is usually an immediate CRD right-to-sue notice followed by a lawsuit, which you can do right away with a lawyer.

Is retaliation covered by both agencies?

Yes. Both FEHA (Gov. Code 12940(h)) and federal law prohibit retaliation for complaining about discrimination or harassment, participating in an investigation, or filing a charge. Retaliation claims are often stronger than the original discrimination claim because the timing is easier to prove.

Can I bring FEHA claims and federal claims in the same lawsuit?

Yes. State courts can hear federal discrimination claims, and federal courts can hear related FEHA claims. Where to file is a strategic decision for you and your lawyer.

Does FEHA protect against discrimination based on where I am from?

Yes. FEHA prohibits national origin discrimination, including some English-only rules. See our guide to national origin discrimination and English-only rules.

My employer has 8 employees. Can I file?

Yes, with the CRD. FEHA covers employers with five or more employees for discrimination, and any employer for harassment. Federal law would not apply until the employer has 15 employees.

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