How to File a CRD Complaint and Get a Right-to-Sue Notice in California

In California, before you can sue an employer for discrimination, harassment or retaliation under the Fair Employment and Housing Act (FEHA), you generally must file a complaint with the Civil Rights Department (CRD) and get a right-to-sue notice. You have three years from the last unlawful act to file with the CRD, and once you have a right-to-sue notice, one year to file your lawsuit.

Those two deadlines decide whether a FEHA claim survives. A worker fired on March 2, 2026 has until early March 2029 to file with the CRD. But if she requests an immediate right-to-sue notice on June 1, 2026, her lawsuit must be filed by June 1, 2027. Miss either date and the claim can be lost, no matter how strong the evidence is.

This guide explains why the CRD step is required, the two paths you can take, how each one works, the deadlines, the mistakes we see most often, and what happens next.

Why you need a CRD complaint before you sue

FEHA (Gov. Code 12900 and following) is California’s main anti-discrimination law. It requires workers to “exhaust administrative remedies” by filing with the CRD before going to court. The CRD, formerly called the Department of Fair Employment and Housing (DFEH), is the state agency that enforces FEHA.

The CRD step applies to FEHA claims such as:

• Discrimination based on race, sex, pregnancy, disability, age (40 and over), religion, national origin, sexual orientation, gender identity and other protected characteristics
• Harassment, including sexual harassment
• Retaliation for complaining about discrimination or harassment (Gov. Code 12940(h))
• Failure to accommodate a disability or religious practice, and failure to engage in the interactive process
• Violations of leave laws enforced through FEHA, such as the California Family Rights Act and pregnancy disability leave

FEHA discrimination rules apply to employers with five or more employees. Harassment is prohibited at every workplace, even one with a single employee. Some other claims, such as unpaid wages or whistleblower retaliation under Labor Code 1102.5, do not require a CRD filing, which is one reason a lawyer’s review of the whole picture matters.

By the numbers3 years

Two paths: CRD investigation or immediate right to sue

When you file, you choose between asking the CRD to investigate and asking for an immediate right-to-sue notice so you can go straight to court.

	CRD investigation	Immediate right to sue
Who drafts the complaint	CRD, after an intake interview	You or your lawyer
Who serves the employer	CRD	You or your lawyer
Investigation	Yes; may include document requests, interviews and free mediation	No; the CRD closes the case right away
When the 1-year lawsuit clock starts	When the CRD closes the case and issues the notice	The day the notice issues
Best for	Workers without a lawyer, or who want the state to investigate	Workers with a lawyer ready to file in court

Most workers represented by an employment lawyer take the immediate right-to-sue path. It gives you control over the timing and the claims, and it moves the case into court where discovery and a jury are available.

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Path 1: filing for a CRD investigation

You can start online through the CRD’s complaint system, by phone, or by mail. The process generally works like this:

• Intake form. You describe what happened, who was involved, the protected characteristic or activity, and the harm. The intake form must be submitted within three years of the last harm.
• Intake interview. A CRD representative reviews your information and decides whether to accept the complaint for investigation.
• Complaint and service. If accepted, the CRD drafts a formal complaint for you to sign and serves it on the employer.
• Investigation and mediation. The CRD may request documents, interview witnesses and offer free mediation.
• Outcome. The CRD may pursue the case itself, or close it and issue a right-to-sue notice. Under Gov. Code 12965, if the CRD hasn’t acted within 150 days you can generally request a right-to-sue notice, and if it hasn’t filed a case within one year it must issue one.

The investigation path is free, but it can take many months, and the CRD decides how deeply to investigate. A closure without a finding does not mean you have no case; it simply starts your one-year clock to sue.

Path 2: requesting an immediate right-to-sue notice

If you want to go to court, you can request an immediate right-to-sue notice when you file. In employment cases, this notice is the ticket into court for your FEHA claims. The process is simple:

• You (usually your lawyer) prepare a complaint naming the employer and any individuals, such as a harassing supervisor.
• You submit it through the CRD’s online system and select the immediate right-to-sue option.
• The CRD issues the right-to-sue notice and closes the case without investigating.
• The CRD does not serve the complaint on the employer in this path (Cal. Code Regs., tit. 2, 10021). You are responsible for serving it, and the notice explains how. Follow those instructions promptly.

The one-year deadline to sue starts the day the notice issues. Don’t request one “just in case” months before you are ready to file, because the clock starts immediately.

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Deadlines at a glance

Step	Deadline	Law
File with the CRD	3 years from the last unlawful act	Gov. Code 12960
Request a right-to-sue notice during a CRD investigation	Generally available after 150 days	Gov. Code 12965
File a FEHA lawsuit	1 year from the date of the right-to-sue notice	Gov. Code 12965
Federal EEOC charge (if you want federal claims)	300 days in California	42 U.S.C. 2000e-5(e)

💡 Example: Andre was fired on January 15, 2026, two weeks after he complained to HR about racist comments. His last day to file with the CRD is January 15, 2029. His lawyer files and requests an immediate right-to-sue notice on April 1, 2026. Andre’s lawsuit must now be filed by April 1, 2027, a year earlier than he might have assumed.

For federal claims, see our comparison of CRD vs. EEOC: where to file.

By the numbers1 year

Step by step: how to file

1. Write a timeline. List each incident with dates, names and witnesses, ending with the last unlawful act, which starts the three-year clock.
2. Gather documents. Save texts, emails, performance reviews, the termination letter and any written complaints. You can request your personnel file (Labor Code 1198.5) and payroll records (Labor Code 226).
3. Identify everyone responsible. Name the employer and, for harassment, the individual harasser; individuals can be personally liable for harassment under Gov. Code 12940(j).
4. List every basis and every act. Include each protected characteristic, any retaliation, and the failure to prevent. Claims left out of the CRD complaint may be challenged later as not exhausted.
5. Choose your path. Talk to an employment lawyer before requesting an immediate right-to-sue notice.
6. Submit and save a copy of everything you file, plus the right-to-sue notice.
7. Calendar the one-year deadline and, on the immediate path, serve the complaint as the notice instructs.

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Common mistakes that cost workers their claims

• Waiting. Three years sounds long, but memories fade, witnesses leave and evidence disappears.
• Leaving out claims. A complaint that mentions only discrimination may not cover retaliation that happened later. Amend or file again if new acts occur.
• Not naming individuals. If you want to hold a harassing supervisor personally liable, name them.
• Starting the clock too early. An immediate right-to-sue notice requested without a plan to file can leave you scrambling against the one-year deadline.
• Signing a release. A severance agreement can waive FEHA claims; have it reviewed first.
• Assuming the CRD will decide your case. A CRD closure is not a ruling on the merits.

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What happens after you file a lawsuit

Once your FEHA case is in court, both sides exchange documents and take depositions, and many cases resolve through mediation before trial. If you win, FEHA allows recovery of lost wages and benefits, emotional distress damages, punitive damages in appropriate cases, and attorney’s fees and costs (Gov. Code 12965). Our guide to how much an employment case is worth explains how those categories are valued.

If you resigned because of the treatment, the claim may still be viable as a constructive discharge.

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Discrimination claims are often the tip of the iceberg

An employer that discriminates or retaliates often violates other laws too. When we review a CRD case, we also look for unpaid overtime, missed meal and rest breaks, late final pay and whistleblower retaliation. Those claims don’t go through the CRD; they can be added to the same lawsuit or pursued with the Labor Commissioner. A worker who was fired after complaining to HR may have FEHA and Labor Code claims at the same time.

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Frequently asked questions

Does it cost anything to file with the CRD?

No. Filing a CRD complaint, requesting a right-to-sue notice and participating in CRD mediation are free.

Can I file while I still work there?

Yes. Many workers file while still employed. FEHA prohibits retaliation for filing a complaint or participating in a CRD investigation (Gov. Code 12940(h)).

Do I need a lawyer to file?

No, but it helps. A lawyer can make sure every claim and every responsible person is included, choose the right path, and file the lawsuit before the one-year deadline.

I already filed with the EEOC. Do I still need the CRD?

An EEOC charge is generally dual-filed with the CRD under the agencies’ worksharing agreement. To sue under FEHA, you still need a CRD right-to-sue notice, which you can request. Ask a lawyer how the EEOC filing affects your FEHA deadlines.

What if I missed the three-year deadline?

Talk to a lawyer anyway. FEHA has limited exceptions, such as for some delayed discovery, and other claims with different deadlines may still be available.

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