Derek Smith Law Group / Employment Law Attorneys / How to File a FEHA Complaint in California

California Employee Rights Guide

How to File a FEHA Complaint in California — Step by Step

Harassed, discriminated against, or punished for speaking up at work? Here is exactly how to file with the California Civil Rights Department (CRD), get your Right-to-Sue notice, and protect your deadlines — even without a lawyer.

Our honest advice: read this, then talk to an employment lawyer before you file. Mistakes on the form can cost you claims you can never get back.

See the 8 steps ↓ Free Consultation · (800) 807-2209

3years to file with the CRD

1year to sue after your Right-to-Sue

300days to file with the federal EEOC

$0cost to file with the CRD

First Decision

Two ways to file — choose carefully

California's Fair Employment and Housing Act (FEHA) requires you to file with the Civil Rights Department (the agency formerly known as DFEH) before you can sue. You can ask the CRD to investigate, or ask for an immediate "Right-to-Sue" notice so you can go straight to court.

Slower · CRD does the work

Option A: File for a CRD investigation

CRD holds an intake interview and decides whether to accept your complaint for investigation
Free mediation may be offered
If you don't have a lawyer, CRD serves the complaint on your employer
Dual-filed with the federal EEOC when your facts also violate federal law
CRD generally has up to one year to finish its investigation (two years for group or class complaints)
You can still get a Right-to-Sue later — on request if CRD hasn't sued within 150 days, or sooner if CRD closes the case

Fast · You do the work

Option B: Request an immediate Right-to-Sue

Notice is usually issued right away — often the same day online
CRD closes your case and will not investigate it
You are responsible for serving your employer
Not filed with the EEOC — federal claims need a separate filing
Your 1-year deadline to sue starts on the date of the notice
The CRD itself says this option is "advisable only if you have an attorney"

The Process

8 steps to file your FEHA complaint

Follow these in order. Each step builds on the last, and skipping one can sink your case.

Confirm your claim is covered — and still on time

FEHA protects workers against harassment and discrimination based on protected traits such as race, color, ancestry, national origin, religion, sex (including pregnancy), gender identity and expression, sexual orientation, disability, medical condition, genetic information, marital status, age (40+), military or veteran status, reproductive health decisionmaking, and more. It also forbids retaliation for complaining, taking part in an investigation, or requesting an accommodation or protected leave.

Discrimination and retaliation claims generally require an employer with 5+ employees; harassment claims apply to employers of any size.
FEHA does not cover the federal government or most nonprofit religious organizations. Federal employees must contact their agency's EEO counselor within 45 days.
You generally have 3 years from the last unlawful act to file with the CRD. Limited extensions exist (for example, for minors or late discovery) — don't count on them.
Unpaid wages or missed meal and rest breaks go to the Labor Commissioner, not the CRD.

Gather your information

Your employer's correct legal name and address (check a paystub, W-2, or the CA Secretary of State business search)
The name of each person who harassed you, with job title
Dates of each incident — especially the last one
What happened to you: firing, demotion, harassment, denied accommodation, etc.
Witness names, texts, emails, photos, and performance reviews
Any arbitration agreement you signed (check your onboarding paperwork) — it may move your case out of court

💡 Not sure which company employed you (staffing agency vs. client company)? Name every entity that may have employed you, and every individual harasser.

Create your free CRD account

Go to the California Civil Rights System portal at ccrs.calcivilrights.ca.gov and register with an email address and phone number. Prefer paper? Email the CRD's Right-to-Sue form to contact.center@calcivilrights.ca.gov, or mail it to Civil Rights Department, Right to Sue, 651 Bannon Street, Suite 200, Sacramento, CA 95811 — but online is faster. An unfinished online complaint stays saved for 30 days.

💡 Need help or an accommodation? Call the CRD at 800-884-1684 (TTY 800-700-2320, or California Relay 711).

Choose your path

In the portal, choose "Right to Sue" for an immediate notice, or submit an intake form to request a CRD investigation. List each business and each individual you are filing against as a respondent.

⚠️ Once a Right-to-Sue notice issues, the CRD will not investigate your case — even if you later decide not to sue. Exceptions are rare and discretionary.

Fill out the complaint — completely

Your FEHA lawsuit is generally limited to the claims in your CRD complaint (and ones reasonably related to them) and to the people and companies you named. Leaving something out can bar it later. If you forget something, ask the CRD to amend your complaint — but amending does not restart your deadline to sue.

Name your employer and each individual who harassed you
Check every protected basis and every harm that applies
If you complained and were punished, check retaliation
Write a short, factual, date-ordered description of what happened

💡 You sign under penalty of perjury. Be accurate — and keep it simple.

Submit and save everything

After you submit, download and keep every document: the Notice to Complainant, your filed Complaint of Employment Discrimination, the Notice of Case Closure and Right to Sue (your Right-to-Sue notice), and the Notice of Filing of Discrimination Complaint addressed to your employer, which you include when you serve them. Write down the date printed on the notice.

⚠️ You have 1 year from the date on the Right-to-Sue notice to file your FEHA lawsuit — not from the date you received it. Courts enforce this strictly. If the last day falls on a weekend or court holiday it moves to the next court day, but don't wait.

Serve the complaint (Right-to-Sue path)

If you requested an immediate Right-to-Sue, the CRD will not send your complaint to your employer — you must. Promptly serve your CRD complaint, the Notice of Case Closure and Right to Sue, and the Notice of Filing on every employer and individual you named, by certified mail (return receipt requested) or personal delivery. Keep proof. Aim for within 60 days of filing: that is the deadline the law sets when a lawyer represents you, and it's the safest practice.

Want federal claims too (Title VII, ADA, age discrimination)? File a separate charge with the U.S. EEOC within 300 days of the discrimination. Your CRD notice also states a shorter EEOC deadline — 30 days after you receive the CRD closure notice — if that comes first. Treat the earlier date as your deadline. After the EEOC issues its own Notice of Right to Sue, a federal lawsuit must be filed within 90 days.

File your lawsuit in Superior Court

File in the superior court of a county where the discrimination happened, where the relevant employment records are kept, or where you would have worked if not for the discrimination. (If the employer isn't found in any of those counties, you may file where it resides or has its principal office.)

File a civil complaint with a Civil Case Cover Sheet (CM-010)
Have each defendant served with a summons (SUM-100) and the complaint by an adult who is not a party, and file proof of service within 60 days
The filing fee is $435 for an unlimited civil case (a claim over $35,000) under the 2026 statewide schedule (higher in Riverside, San Bernardino, and San Francisco). Can't afford it? File a fee waiver request (FW-001) with the proposed order (FW-003)
Send a copy of your court complaint to the CRD's principal office

💡 Free court forms and instructions: selfhelp.courts.ca.gov

Interactive Tool

Check your deadlines

Enter the date of the last act of harassment, discrimination, or retaliation (for example, your termination date). We'll estimate the key filing deadlines.

Date of last incident

Estimates only. Special rules can shorten or extend these deadlines (for example, if you were a minor, discovered the facts late, or your employer is a government agency). If a deadline falls on a weekend or court holiday, California law generally moves it to the next court day — but file early and don't rely on the extension. Confirm your deadlines with a lawyer.

Enter a date to see your deadlines—Your results appear here instantly.

Good to Know

Can I file against just the coworker who harassed me?

Yes — for harassment. Under California law, any employee who harasses a coworker can be held personally liable, whether or not the employer knew. On your CRD complaint, list the coworker by name as a respondent.

But individuals generally cannot be held personally liable for discrimination or retaliation, and only the employer has the legal duty to prevent harassment. In most cases, naming both the employer and the harasser protects far more of your rights.

Watch Out

Some deadlines are shorter than FEHA's

Related claim	Typical deadline
Defamation (false statements about you)	1 year
Assault, battery, emotional distress	2 years
Sexual assault (adult)	10 years from the last act, or 3 years from discovering the injury — whichever is later. Older claims may be revived for a limited time: one revival window closes December 31, 2026, and another runs through December 31, 2027. The 2027 window can also revive related sexual harassment and wrongful termination claims. Claims against government employers are generally excluded. Talk to a lawyer now.
Non-FEHA claims against a government employer	Government claim within 6 months for injury-type claims (e.g., assault, emotional distress); most others within 1 year. FEHA claims go through the CRD instead.
Federal EEOC charge	300 days
Federal lawsuit after EEOC notice	90 days from receipt

These claims don't need a CRD filing, and filing with the CRD does not pause their deadlines.

Before You File

You can do this alone. Here's why you shouldn't have to.

The CRD form looks simple, but what you put on it — and what you leave off — can decide your case before it ever reaches a courtroom. Your employer will have lawyers from day one. You deserve the same.

Protect every claimMissing a basis, a harasser, or a retaliation box can permanently bar that claim.

Never miss a deadlineCRD, EEOC, court, and tort deadlines all run on different clocks.

Maximize your recoveryLost wages, emotional distress damages, punitive damages (not against government employers), and attorney's fees and costs (awarded at the court's discretion) may be available.

No fee unless you recoverWe handle employment cases on contingency — no attorney's fee unless you recover.

Free, Confidential Consultation

Talk to a California employment lawyer about your case today.

(800) 807-2209

Derek Smith Law Group, PLLC
Responsible attorney: Derek T. Smith, Esq.
U.S. Bank Tower, 633 W. 5th Street, Suite 3250
Los Angeles, CA 90071

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*Gross amounts. Each result depended on the facts of that case, and results will differ if based on different facts. Prior results do not guarantee a similar outcome.

FAQ

Common questions

Does it cost anything to file with the CRD?

No. Filing a complaint or requesting a Right-to-Sue notice with the California Civil Rights Department is free. Court filing fees apply later if you sue, but you can request a fee waiver if you qualify.

Is the CRD the same as the DFEH?

Yes. The Department of Fair Employment and Housing (DFEH) was renamed the Civil Rights Department (CRD) in 2022. It enforces FEHA.

Do I need a Right-to-Sue notice to sue under FEHA?

Yes. You must file with the CRD and obtain a Right-to-Sue notice before filing a FEHA lawsuit in court. That's called "exhausting administrative remedies."

Does filing with the CRD also file with the EEOC?

A complaint filed for CRD investigation is dual-filed with the EEOC when the facts also violate federal law. An immediate Right-to-Sue request is not — if you want federal claims, you must file a separate EEOC charge.

Can I fix mistakes after I file?

Often, yes. You can ask the CRD to amend your complaint to add a respondent or claim. But amending does not restart your one-year deadline to sue, and late-added claims may still be challenged.

What if the CRD closes my investigated case and I disagree?

For complaints the CRD investigated, you can appeal the closure by submitting an Appeal Request Form within 10 calendar days of the date on the closure letter. Since January 1, 2026 (SB 477), a timely appeal pauses your deadline to sue while the appeal is pending. Appeals aren't available for cases that were settled or withdrawn, or for an immediate Right-to-Sue. If you received a Notice of Intake Closure instead, follow that letter's instructions. Don't wait on an appeal before talking to a lawyer about your court deadline.

I signed an arbitration agreement. Can I still file?

You can still file with the CRD, but an arbitration agreement may require your lawsuit to be decided by an arbitrator instead of a court. Some agreements are unenforceable — have a lawyer review it.

Will my employer find out I filed?

Yes. Your employer will receive a copy of the complaint. Retaliating against you for filing is itself illegal under FEHA — and is a separate claim.