Pillar guide
CRD, EEOC, or Labor Commissioner. Where should you file?
Discrimination, harassment, and retaliation tied to a protected trait start at the California Civil Rights Department (CRD), the state agency that handles discrimination complaints. Pure wage claims go to the Labor Commissioner, the state labor enforcement office, or straight to court. The EEOC, the federal agency that handles job discrimination complaints, is the mirror you rarely choose first in California.
The Three Forums at a Glance
| Forum | What it covers | Employer size | Deadline | Remedies | Path to a lawsuit |
|---|---|---|---|---|---|
| CRD, formerly DFEH | FEHA discrimination, harassment, retaliation | 5, or 1 for harassment | 3 years | Uncapped damages via right to sue | Right to sue letter, then Superior Court |
| EEOC | Title VII and other federal statutes | 15 for most | 300 days | Capped damages | Federal right to sue, then federal court |
| Labor Commissioner | Wage theft, Labor Code 98.6 retaliation | No minimum | 3 years for most wage claims | Berman hearing awards | Berman hearing, then a de novo appeal to court |
When the CRD Is the Right Door
Claims under the Fair Employment and Housing Act (FEHA), the state’s main workplace discrimination law, must pass through the California Civil Rights Department before court. That requirement is called exhaustion, and there is no way around it.
From there you have two routes: an agency investigation, or an immediate right to sue letter, which is what most employees with counsel request. How to file a CRD complaint
FEHA’s advantages over federal law are substantial: a five employee threshold, uncapped emotional distress and punitive damages, personal liability for the harasser, and a three year window against the EEOC’s 300 days.
When the EEOC Makes Sense
Federal only claims, multi state employers, or a strategy call your attorney makes. A work sharing agreement cross files most charges automatically, so filing in one often preserves the other.
When the Labor Commissioner Wins
Unpaid wages, overtime, breaks, and waiting time penalties have no exhaustion requirement. You can file a wage claim or sue directly, whichever fits.
Berman hearings are faster and lighter on procedure than court, which is genuinely useful for a smaller claim.
The trade offs, honestly: practical caps on recovery, no emotional distress damages, and an employer appeal that restarts the whole fight in court. Larger or systemic claims usually justify counsel and a civil filing instead.
Do I Need to Pick Only One?
No. One fact pattern can support a CRD complaint and a Labor Commissioner claim at the same time, because they are different claims in different forums. The sequencing is a strategy decision.
And retaliation for filing in any forum is itself a separate claim. Retaliation
Which Forum Wins, by Scenario
| Situation | Where it usually goes |
|---|---|
| Fired after reporting harassment | CRD |
| Short paychecks for a whole crew | Court, as a class action or PAGA case |
| Late final check | Labor Commissioner, or a demand letter |
| Rejected by an AI screening tool | CRD, under the automated decision system regulations |
| Pay below the posted scale | Labor Commissioner, or a civil equal pay claim |
| Boss threatens your immigration status | Multiple forums. See the SB 294 guide |
Frequently Asked Questions
Does filing with an agency cost money?
No. Filing is free at all three.
Will the agency get me a lawyer?
No. Agencies investigate and enforce. They do not represent you.
How long does a CRD investigation take?
Months to years, which is exactly why the immediate right to sue route exists.
What happens after I get a right to sue letter?
A one year clock starts. See the right to sue letter guide.
Tell Us What Happened
One business day for a response. You pay nothing unless we win.