Filing a harassment claim with the California Civil Rights Department (CRD) can feel like stepping into unfamiliar territory. Understanding the process from start to finish may provide an idea of how your case progresses in every stage.
The filing process: Putting your complaint on paper
To start a CRD claim, you submit what is formally known as a pre-complaint inquiry through the agency’s online portal. This form asks for basic information about you, your employer and the nature of the alleged violation.
You typically need to file within three years of the most recent act of discrimination or harassment. Missing this deadline could limit your ability to move forward with the administrative process or a potential lawsuit.
Once the agency reviews your pre-complaint inquiry, an investigator will typically contact you for an intake interview to verify jurisdiction. If the facts support it, the CRD will draft a formal claim for you to review and sign before it is officially filed and the next phase begins.
The next stage: Navigating investigation and mediation
Once your complaint moves forward, the CRD may offer mediation as a voluntary step before launching a full investigation. Mediation brings both parties together with a neutral third party to explore whether a resolution is possible without a prolonged process.
If you choose to decline mediation or a settlement, the CRD can proceed with a formal inquiry. During this stage, the agency gathers evidence, interviews witnesses and reviews relevant documents from both sides.
At the conclusion of the inquiry, the CRD issues a finding. The agency might determine that sufficient evidence exists to support the claim, or it may close the case if the evidence does not meet the required threshold.
The right-to-sue: Clearing the path to court
If you prefer not to wait for the full investigation to conclude, you have the option to request an immediate right-to-sue letter from the CRD. This letter allows you to file a civil lawsuit in California Superior Court, bypassing the administrative investigation entirely.
Many employees choose this route because it allows them to move directly to litigation with the assistance of an attorney. Once you receive the letter, you generally have one year from the date of issuance to file your lawsuit.