Complaints

Summary

Complaints

Text

Complaint Process
When someone files a discrimination complaint, CRD evaluates the facts and decides whether to accept the case for investigation. If it accepts the case, CRD independently investigates the facts and the legal issues. This involves reviewing respondents’ responses to complaints and other information and evidence that complainants and respondents submit, among other things. CRD attempts to resolve the dispute in appropriate cases. CRD may also decide to take legal action.
File a
Complaint
Intake
Interview Materials
Respond to a Complaint
Possible Outcomes
Language Services
Accessibility Information
Check
Complaint
Status
Appealing a Complaint Decision
FAQ
Frequently
Used Terms
Filing a Complaint
The First Steps
If you believe you were subjected to discrimination, harassment, or retaliation, CRD may be able to investigate and help you resolve your complaint. The first step is to submit an intake form using one of the options below. It is important to have the following information to provide to CRD:
The specific facts and any records about the incident(s), including the name and contact information of the person or entity you believe harmed you (if known);
Copies of any documents or other evidence related to your complaint; and
The names and contact information of any witnesses (if known)
If you are unable to gather all required information at this time, you can still begin the filing process through CRD’s
California Civil Rights System (CCRS)
and add additional information as you acquire it. Your unfiled complaint will remain available in the system for 30 days.
When ready, begin filing:
How to File a Complaint
In employment cases, you must submit an intake form to CRD within three years of the date you were last harmed. In most other cases, you must do this within one year of the date you were last harmed.
You do not have to use the CRD investigation process. You can instead file your own lawsuit. However, in employment cases only, you must obtain an immediate Right-to-Sue notice from CRD before filing your own lawsuit in court.
The submission of the intake form will initiate an intake interview with a CRD representative. The CRD representative will evaluate the allegations and determine if a formal complaint can be accepted for investigation. CRD can only investigate violations of certain civil rights laws. While many people believe they were treated unfairly, CRD can only accept cases if one of the laws it enforces may have been violated. If your complaint is not accepted for investigation, it is not because CRD does not believe you were treated unfairly. Rather it is because your complaint, if proven, would not violate the civil rights laws that CRD enforces.
The Next Steps:
If your complaint is accepted for investigation, CRD will prepare a complaint form for your signature. When you return the signed complaint, it will be sent to the person or entity that you believe discriminated against you.
The filing of a complaint does not mean that CRD has already determined whether there is reasonable cause to believe any laws have been violated. Instead, it means that CRD has preliminarily determined that the allegations are covered by a law that the department enforces.
CRD independently investigates and assesses the facts and legal issues in each case. These investigations and assessments include, among other things, reviewing information and evidence from complainants, respondents, witnesses, or other sources.
CRD may attempt to resolve complaints through conciliation or by referring the case to CRD’s Dispute Resolution Division when appropriate or required by law.
CRD uses the facts obtained through its investigation to determine if there is reasonable cause to believe that a law the department enforces has been violated. If not, the case is closed. If there is reasonable cause, CRD notifies the parties of this determination and may notify them that the department intends to file a lawsuit in court. Prior to filing a lawsuit, CRD typically requires the parties to go to mediation to attempt to reach an agreement to resolve the dispute.
Complaint Process Flowchart
English (PDF)
Chinese (PDF)
Korean (PDF)
Punjabi (PDF)
Spanish (PDF)
Tagalog (PDF)
Vietnamese (PDF)
Intake Interview Materials
In order for CRD to prepare a complaint and initiate an investigation, you will need to provide specific dates when you believed you were harmed. Depending on the facts of your case, you may have the following documents that we recommend you bring to your scheduled intake interview with a CRD representative.
Employment
W-2
1099
Witness names and contact information
Documents such as: termination letters, written reprimands, memorandums, transfer notices, e-mails, text messages, screen shots, police reports, grievances or any other tangible documentation of your allegations of discrimination, harassment, or retaliation
Medical documentation in cases involving disability, pregnancy disability and the California Family Rights Act
Housing
Lease/rental agreement
Lease violations
Rules/policies pertaining to property in question
Eviction notices
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Link of advertisement
Name/contact information for Host
Court documents, such as those from an unlawful detainer action or temporary restraining order
Disability-related claims
Documents showing a request for reasonable accommodation or modification
(emails/letters/text messages)
Documents showing a denial of a reasonable accommodation or modification
(emails/letters/text messages)
Relevant medical documentation supporting the request for a reasonable accommodation or modification
Notice of Your Rights re: Medical Information in Disability Complaints
Respond to a Complaint
You can respond to a complaint two ways:
Via US mail. Send your response to: 651 Bannon Street, Suite 200, Sacramento, CA 95811.
Using our online California Civil Rights System (CCRS).
Create an account on the
Cal Civil Rights System
for yourself. All you need is a valid email address and a phone number.
Once you have an account, call 800-884-1684. Our staff will associate your account with the complaint.
Log into your
CCRS account. You will see the CRD complaint number. Click on the file button and select the files you wish to upload.
If you are served with a complaint, it is only after CRD has screened the information provided to ensure the allegations are with CRD jurisdiction. CRD screens all initial claims and rejects those that do not allege violations of the laws we enforce.. In most cases, the filing of a complaint does not mean that CRD has already determined whether there is reasonable cause to believe a civil rights law has been violated. Rather, it means that CRD has preliminarily determined that the laws that the department enforces cover the complaint’s parties and allegations. We investigate the facts and encourage parties to resolve the dispute in appropriate cases. CRD considers taking legal action if the dispute is not resolved and evidence supports a reasonable cause determination.
If you are served with a complaint, you must provide a response within the time specified by CRD in the letter accompanying the complaint. You are free to hire or consult with a lawyer, but the process does not require a lawyer. Here is what to expect after you have responded to the complaint:
You may be interviewed by CRD and/or asked for records and documents.
CRD offers free dispute resolution services to encourage parties to resolve the complaint in appropriate cases.
When parties can’t resolve a complaint, CRD continues an investigation to determine if there is reasonable cause to believe that a civil rights law has been violated. If not, the case is closed.
If CRD makes a reasonable cause determination, the parties are typically required to go to mediation. At mediation, the parties have the opportunity to reach an agreement to resolve the dispute and close the case.
If the case is not resolved in a mediation, CRD may file a lawsuit in court.
Here is a link to the full regulations
and what
resources
are available from CRD.
Possible Outcomes
Recovery of out-of-pocket losses
An injunction prohibiting the unlawful practice
Access to housing or a job opportunity
Policy changes
Training
Reasonable accommodation(s)
Damages (money) for emotional distress
Civil penalties and punitive damages (money)
Accessibility Information
CRD provides assistance to anyone who needs help accessing and understanding our information. Please contact us to arrange an accommodation if you have a disability or need translation into your native language.
For an accommodation:
Call 800-884-1684 (voice) or California’s Relay Service at 711
Email
[email protected]
for disability accommodations
For translation help:
Click on Translate button (above)
Información en Español
For Interpretation:
800-884-1684
[email protected]
Check Complaint Status
You can check the status of your pending complaint:
Online
If you already have an online account in our California Civil Rights System (CCRS), simply click on your CRD case number.
If you do not have an online account yet, it’s easy! To create an account, all you need is a valid email address and phone number. Once you create your account, and log in, you will see a list of the cases you have with CRD. Click on the case you would like information on.
By phone or email
Call the staff member handling your case. If you have lost that information, or need other help regarding a specific matter,
contact us
.
Appealing a Complaint Decision
General Appeal Information for Investigated Cases
After an investigation ends, the California Civil Rights Department (CRD) may close a case and send a Notice of Case Closure letter. If a complainant disagrees with the decision to close their investigated case,* they may file an appeal. CRD will not accept appeals for cases that were settled, withdrawn, or closed at CRD’s discretion. Please note this is not an exhaustive list.
How to File an Appeal
You must submit a completed
Appeal Request Form
(
Spanish
) within ten (10) calendar days of the date on the Notice of Case Closure letter.
You may submit the Appeal Request Form in one of the following ways:
By email
. Send your Appeal Request Form to:
[email protected]
; OR
By postal mail
. Send your Appeal Request Form to:
Civil Rights Department
Attention: Appeals Unit
651 Bannon Street, Suite 200
Sacramento, CA 95811
If you need help completing the form, you may contact CRD:
Phone (voice): 1-800-884-1684
TTY: 1-800-700-2320
California’s Relay Service at 711
*Note: These instructions apply only to cases that CRD investigated and later closed. If you received a Notice of Intake Closure, follow the instructions in that letter to learn how and where to file an appeal.
What to Expect
After submitting your appeal to the Appeals Unit, you can expect the following:
You will receive a letter indicating whether your appeal has been accepted for review or rejected.
If CRD accepts your appeal for review, you do not need to take further action. An appeal reviewer will review your case file and appeal request. The reviewer will contact you if more information is needed.
CRD reviews appeals in the order they are received. The review time may vary depending on available resources.
If CRD rejects your appeal, refer to the Notice of Case Closure letter. That letter lists resources to help you decide whether to file a civil lawsuit in court on your own.
Things to Keep in Mind
After CRD investigates and closes your case, CRD sends a Notice of Case Closure letter. At this point, you may want to explore your legal options with an attorney.
If you file an appeal with CRD, you may also want to consult an attorney while your appeal is pending.
Do not wait until the CRD appeal process ends to decide whether to file a civil lawsuit or speak with an attorney. The law sets a deadline for filing a civil lawsuit in court; this deadline is identified in your Notice of Case Closure letter.
Filing an appeal with CRD on time may pause (or toll) the deadline to file a civil lawsuit in court. For more information, review Government Code section 12900, including sections 12960(f) and 12989.1(a).
If you have questions about deadlines to file a civil lawsuit in court, you should contact an attorney.
Check on the Status of Your Appeal
To check the status of your pending appeal, email the Appeals Unit at
[email protected]
. Be sure to include your assigned CRD case number in all messages. You may also contact CRD’s Contact Center at 1-800-884-1684 (voice) or 1-800-700-2320 (TTY), and they will direct your call to the Appeals Unit.
FAQ
Am I allowed to contact the CRD investigator to get more information about the complaint?
Yes. Do not hesitate to contact the assigned investigator to discuss the complaint. If the file contains additional non-confidential information about the allegations that are not shown on the official complaint, the investigator verbally may share this information with the respondent.
What does CRD look for in an employer’s position statement?
CRD seeks a response to all the allegations in the complaint, along with the production of documents and identification of witnesses with information that is relevant to the complaint. This information will assist the department in assessing the complaint’s claims and allegations. It is in the Respondent’s interest to provide an effective position statement that focuses on the facts. An effective response is clear, concise, and complete. It should explain the Respondent’s version of the facts and specifically identify relevant specific documents, evidence, and witnesses. This will can help CRD accelerate the investigation and tailor its requests for additional information.
An employee filed a CRD complaint only after being disciplined. Can I still fire the employee?
Firing an employee for filing a complaint with CRD is illegal retaliation. If you disciplined an employee for violating a company policy or for poor performance, without any intention of firing the employee, you will be in violation of the Fair Employment and Housing Act (FEHA) if you discharge the employee for filing a complaint.
Can I file a complaint against my employee?
As an employer, you cannot file an employment discrimination complaint with CRD against an employee. CRD investigates only complaints filed by individuals who believe they have been the victim of unlawful discrimination in violation of the FEHA. However, if an employee refuses or threatens to refuse to comply with the FEHA, you can file a complaint with CRD asking for assistance through mediation or other remedial action.
Does CRD share investigative records with the parties?
CRD does not share investigative records of open case files. Once a case is closed, parties may request copies of the file. The information CRD releases is governed by the Public Records Act and relevant privileges.
How long does CRD retain investigative records?
CRD retains records for three years after a case is closed.
Frequently Used Terms
Here are the definitions of some of the words and phrases used frequently at the Civil Rights Department:
Complainant
The Individual filing a complaint.
Respondent
The person who must respond to a complaint.
Protected characteristics / category / basis / class
The characteristics that employers, housing providers, businesses, state-funded programs, and others may not discriminate based on, including disability, gender, national origin, race, religion, sex, and sexual orientation.
Disability
A physical or mental condition that limits a major life activity.
Intake Form
What someone needs to submit to CRD before he/she may file a complaint.
Right-to-sue
The option some complainants have to pursue private legal action.
California Civil Rights System, CCRS
The cloud-based application allows members of the public and their representatives to submit complaints online 24/7 for all of the civil rights laws CRD enforces. In addition to submitting intake forms, individuals can schedule appointments, view the status of their cases, submit notes to CRD, request right-to-sue notices for court filing, submit public records act requests, submit appeals, or withdraw cases, all online.
If you previously had an account in Houdini, please contact
[email protected]
and provide us with your email address so we can enable your access to
CCRS
. You will receive a password reset email within 24 hours.
The precise legal definitions of these words and phrases are found in the
Laws and Regulations
that govern CRD. In all cases, those prevail.
651 Bannon Street, Suite 200
Sacramento, CA 95811
Regional Offices
800-884-1684 (voice)
California's Relay Service at 711
[email protected]

Retrieval chunks

• #1

  Complaint Process When someone files a discrimination complaint, CRD evaluates the facts and decides whether to accept the case for investigation. If it accepts the case, CRD independently investigates the facts and the legal issues. This involves reviewing respondents’ responses to complaints and other information a…

• #2

  The submission of the intake form will initiate an intake interview with a CRD representative. The CRD representative will evaluate the allegations and determine if a formal complaint can be accepted for investigation. CRD can only investigate violations of certain civil rights laws. While many people believe they wer…

• #3

  In order for CRD to prepare a complaint and initiate an investigation, you will need to provide specific dates when you believed you were harmed. Depending on the facts of your case, you may have the following documents that we recommend you bring to your scheduled intake interview with a CRD representative. Employme…

• #4

  If you are served with a complaint, it is only after CRD has screened the information provided to ensure the allegations are with CRD jurisdiction. CRD screens all initial claims and rejects those that do not allege violations of the laws we enforce.. In most cases, the filing of a complaint does not mean that CRD has…

• #5

  for disability accommodations For translation help: Click on Translate button (above) Información en Español For Interpretation: 800-884-1684 [email protected] Check Complaint Status You can check the status of your pending complaint: Online If you already have an online account in our Cal…

• #6

  If CRD accepts your appeal for review, you do not need to take further action. An appeal reviewer will review your case file and appeal request. The reviewer will contact you if more information is needed. CRD reviews appeals in the order they are received. The review time may vary depending on available resources. …

• #7

  CRD seeks a response to all the allegations in the complaint, along with the production of documents and identification of witnesses with information that is relevant to the complaint. This information will assist the department in assessing the complaint’s claims and allegations. It is in the Respondent’s interest to…

• #8

  A physical or mental condition that limits a major life activity. Intake Form What someone needs to submit to CRD before he/she may file a complaint. Right-to-sue The option some complainants have to pursue private legal action. California Civil Rights System, CCRS The cloud-based application allows members of t…