How Do I File a Discrimination Complaint Against My Employer in California?
If you believe you’ve been discriminated against at work based on race, gender, age, disability, or another protected characteristic, California law provides a clear process for filing a complaint. The Civil Rights Department (CRD), formerly known as the DFEH, handles discrimination complaints in the workplace. Here’s how to file and what to expect.
Step 1: Understand Your Rights
California’s Fair Employment and Housing Act (FEHA) protects employees from discrimination based on a variety of characteristics, including:
- Race, ethnicity, or national origin
- Gender, gender identity, or sexual orientation
- Age (40 and over)
- Disability or medical condition
- Religion or creed
- Pregnancy or childbirth
- Marital status
- Military or veteran status
It is unlawful for an employer to make decisions about hiring, firing, promotion, pay, or working conditions based on these traits.
Step 2: Gather Evidence
Before filing, collect as much evidence as possible. This may include:
- Emails or written communications showing bias or unfair treatment
- Performance reviews or documentation of job qualifications
- Witness statements from coworkers or supervisors
- Notes about incidents, dates, and people involved
Step 3: File a Complaint with the CRD
You can file your complaint online through the Civil Rights Department’s website or by mail. The complaint must be filed within three years of the discriminatory act. You’ll need to include details about the incident and who was involved.
Once filed, the CRD will:
- Review your complaint to determine whether it falls under their jurisdiction
- Notify your employer and possibly offer mediation services
- Investigate the claim if mediation is unsuccessful
Step 4: Request a Right-to-Sue Letter
If you want to pursue your claim in court, you must first request a right-to-sue notice from the CRD. Once granted, you have one year to file a lawsuit in civil court. An employment attorney can help you evaluate your claim and represent you throughout the process.
Legal Support Can Strengthen Your Case
Filing a discrimination claim can be intimidating, especially if you’re still employed by the company. A California employment lawyer can guide you through the complaint process, protect your rights, and help you recover damages such as lost wages, emotional distress, and legal fees.
Contact a California Employee Rights Attorney
If you’ve faced workplace discrimination, don’t wait. Legal protections are in place to help you fight back and hold your employer accountable. Consult with an experienced attorney to determine the best course of action for your specific situation.