Discrimination, Harassment and Retaliation at Work: Filing With the California Civil Rights Department

What FEHA covers

FEHA, found in Government Code §12900 and following, prohibits employment discrimination based on protected characteristics including race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, age for people 40 and over, and military and veteran status, among others.

The discrimination provisions generally apply to employers with five or more employees. The prohibition on harassment applies to employers of any size, and individual harassers can be personally liable. FEHA also requires employers to reasonably accommodate disabilities and religious beliefs and to engage in a good-faith interactive process.

Retaliation is its own violation

It is unlawful for an employer to retaliate against you for opposing practices FEHA forbids, for filing a complaint, for testifying or assisting in an investigation, or for requesting an accommodation. Retaliation claims can succeed even when the underlying discrimination complaint is not proven, as long as the complaint was made in good faith.

Other California laws protect against retaliation too. Labor Code §1102.5 protects employees who report what they reasonably believe is a violation of law to a government agency or to someone with authority at work. Labor Code §98.6 protects employees who complain about unpaid wages or file a claim.

How a CRD complaint works

You can file an intake form with the CRD online, by phone or by mail. The CRD reviews it and may accept a complaint for investigation or mediation. Alternatively, if you intend to go to court, you can request an immediate right-to-sue notice without a CRD investigation. Many employees who work with an attorney take this route.

After the CRD issues a right-to-sue notice, the time to file a FEHA lawsuit in court is limited, generally one year from the date of the notice. Missing it can end the claim, so note the date on the notice.

• CRD complaint: generally within three years of the last unlawful act
• Lawsuit: generally within one year of the right-to-sue notice
• EEOC charge for federal claims: generally within 300 days in California

Federal claims and the EEOC

Federal laws such as Title VII, the Americans with Disabilities Act and the Age Discrimination in Employment Act are enforced by the U.S. Equal Employment Opportunity Commission. Because California has its own fair employment agency, the federal deadline to file an EEOC charge is generally extended from 180 to 300 days. The CRD and the EEOC have a work-sharing agreement, so a complaint filed with one can be dual-filed with the other.

Build your record now

Write down each incident with the date, the people involved, what was said and who saw it. Save emails, texts and chat messages that were sent to you, and copies of complaints you made to HR. Do not copy confidential business documents or other employees' private information. If you are still employed, report harassment through the channels your employer provides and keep a copy of your report.