Complaint Process

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)
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• 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
  • Advertisement
  • 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), 800-700-2320 (TTY) or California’s Relay Service at 711
  • Email accommodations@calcivilrights.ca.gov for disability accommodations

• For translation help:

  • Click on Translate button (above)
  • Información en Español

• For Interpretation:

  • 800-884-1684
  • contact.center@calcivilrights.ca.gov

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 information

If a party is dissatisfied with the outcome of the investigation, and the case has not been settled or accepted by CRD to file a lawsuit in court, that party may appeal CRD’s closure of the case. The first step in filing an appeal with CRD is to review the closure letter you received. The closure letter will state that you have ten (10) calendar days from receipt of the closure letter to submit an appeal, and will provide instructions on what the appeal should contain. It is important that your appeal clearly state what specifically you would like reviewed during the appeal. For example, if CRD was unable to interview all of your witnesses or gather certain evidence, your appeal should identify the name of the witness and provide their contact information or specify the evidence that you believe was overlooked. Or, if you believe that CRD misapplied the law, your appeal should describe what you understand the law to be.

An appeal is not an opportunity to re-do an investigation. Therefore, you should try to provide all relevant information during the investigation.

The closure letter will direct you to submit your appeal to one of the following:

• The investigator’s supervisor (the closure letter will contain the supervisor’s contact information); or

• The Appeals Unit

  • By mail

    Civil Rights Department
    Attention: Appeals Unit
    651 Bannon Street, Suite 200
    Sacramento, CA 95811

  • By phone

    Call our Contact Center at (800) 884-1684, (800) 700-2320 (TTY) or California’s Relay Service at 711

  • By email

    Appeals@calcivilrights.ca.gov

    It is very important that you follow the instructions in the closure letter to ensure that you file your appeal in a timely manner to the correct person or unit.

What to expect

Once you submit your appeal to the appropriate person or unit, you can expect the following:

• You submitted your appeal to the investigator’s supervisor

  • The supervisor will respond to your appeal via letter informing you of the reasons for upholding the closure or contact you to inform you that your case will be reopened.

• You submitted your appeal to the Appeals Unit

  • The Appeals Unit will send you a letter informing you the appeal has been either accepted for review or rejected.
  • If you receive a letter informing you the appeal was accepted for review, no further action is needed. Once an appeal reviewer has had an opportunity to review your casefile and appeal, they will contact you if more information is needed to decide your appeal.
  • Appeals are processed by the Appeals Unit in the order they are received. The Appeals Unit does not have a deadline by which to decide an appeal. However, the Appeals Unit processes appeals as quickly as possible without sacrificing the quality of its work. (For additional information please refer to CCR §10033 and CCR §10065).

• Things to keep in mind

  • Once your case is closed and you have filed an appeal with the Appeals Unit, you are strongly encouraged to seek the advice of an attorney to explore your legal options. You are encouraged to not wait until the appeal process is over to decide if you will file a civil lawsuit. Remember, there is a statutory time limit by which you must file a civil lawsuit in court; this statutory time limit is set forth in your closure letter.
  • The appeal process may not toll (or pause) the statutory time limit by which you must file a civil lawsuit in court.

Check on the status of your appeal

To check the status of your pending appeal, contact the person or unit you submitted your appeal to. Be sure to include your assigned CRD case number on all correspondence.

FAQ