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For most workers at nonfederal employers in California, the California Civil Rights Department (CRD) is the state agency for complaints under California law, including the Fair Employment and Housing Act (FEHA); the Equal Employment Opportunity Commission (EEOC) handles federal employment-discrimination laws. If a complaint may fall under both state and federal law, filing with one agency is generally enough because qualifying complaints are usually dual-filed. The right route and deadline depend on the employer, legal basis, and dates, so contact the agency promptly rather than waiting to resolve every question first.

How to choose between CRD and EEOC

Start with the employer and the law that may apply. For a private or other nonfederal California employer, CRD is the state route for FEHA and other California civil-rights claims. EEOC is the route for claims under federal employment-discrimination statutes. When the same facts could support both, the agencies’ worksharing process generally allows one filing to be dual-filed.

This is not a choice between agencies that handle every workplace problem. CRD says it does not handle issues such as unpaid wages or meal- and rest-break disputes. Those matters need the appropriate labor agency, not a discrimination complaint solely because the workplace treatment seems unfair.

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What CRD handles

CRD enforces FEHA and other California civil-rights laws. Its employment guidance also identifies matters involving accommodation, the California Family Rights Act, and Pregnancy Disability Leave. CRD says FEHA generally covers employers with five or more employees; harassment is prohibited in workplaces with even one employee or independent contractor. See the CRD Employment FAQ for its stated scope and coverage.

What EEOC handles

EEOC enforces federal employment-discrimination laws. A claim’s federal coverage can depend on its legal basis and employer coverage. EEOC’s charge-filing guidance explains the federal process and dual filing. Federal employees and applicants use a separate federal-sector complaint process, not the standard private-sector charge route.

How much time do you have to file?

Do not assume the two agencies use the same deadline. CRD’s general employment guidance says to file within three years of the alleged discriminatory act. For EEOC charges, the usual federal period is 180 days, extended to 300 days when a state or local agency enforces a law covering the same basis. EEOC’s San Francisco District Office describes a 300-day period in California for specified discrimination bases and employer-size conditions.

There is a notable difference in agency guidance: the EEOC San Francisco timeliness page lists 365 days as the California CRD period, while CRD’s own general employment guidance states three years. These statements should not be treated as interchangeable deadlines or as a resolution of every claim-specific rule. The applicable law, employer coverage, type of claim, date of harm, and any relevant exception can change the analysis. Check the applicable agency guidance and get advice promptly if timing is uncertain.

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Filing route Agency-stated time frame Important qualification
CRD employment complaint Three years from the alleged harm CRD’s general employment guidance; claim-specific rules or exceptions may affect a particular case.
EEOC charge in California 300 days for specified claims EEOC San Francisco guidance ties this to applicable discrimination bases and employer-size conditions.
EEOC charge under the general federal framework 180 days EEOC’s general guidance describes this where an extended state or local filing period does not apply.
CRD period as listed by EEOC San Francisco 365 days This differs from CRD’s three-year general employment guidance; verify the deadline for the specific claim and route.

Sources: CRD Employment FAQ, EEOC San Francisco timeliness, and EEOC charge-filing guidance. These are agency-stated periods, not a determination of an individual deadline.

Do you have to file with both agencies?

Usually not for an overlapping claim. EEOC says, “You do not need to file with both agencies.” Under the worksharing arrangement, a qualifying complaint filed with a state or local fair-employment agency can be dual-filed with EEOC when federal law applies. CRD likewise says it automatically files with EEOC complaints alleging facts under laws EEOC enforces, and CRD usually investigates the overlapping matter.

The agencies’ FY2025 worksharing agreement describes how dual-filed charges are processed and how initial responsibilities are allocated. If your filing route or claim is unusual, ask the agency that received it whether it has been treated as dual-filed; do not assume an intake inquiry is already an accepted, signed complaint or charge.

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What happens after you contact an agency?

Starting with CRD

CRD’s process begins with intake, including its online California Civil Rights System (CCRS) and other intake options. CRD screens the information and may accept a formal complaint for investigation. If it proceeds, the agency investigates and may seek resolution or take legal action. Its complaint-process guidance describes the stages.

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For intake, organize the incident dates and facts, respondent or employer details, relevant records, and witness information. CRD identifies these types of information as useful when starting the process. Keep copies of messages, policies, discipline records, accommodation requests, and other documents that may help establish what happened.

Starting with EEOC

For a standard employment charge, begin through the EEOC Public Portal, where a person can submit an inquiry and arrange an intake interview. EEOC says people with 60 days or fewer remaining should follow its special expedited instructions rather than rely on the ordinary route. Use the EEOC filing instructions and contact the agency immediately if a deadline may be close.

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What does a right-to-sue notice mean?

CRD offers an immediate right-to-sue option for a person who wants to pursue a FEHA case in court without a CRD investigation. Choosing that route means CRD will not investigate. CRD recommends getting attorney assistance for a lawsuit. Its notice states that a person has one year from the CRD right-to-sue notice to file a FEHA suit.

A CRD right-to-sue notice is not an EEOC notice. CRD says it will not file a right-to-sue-only complaint with EEOC. If you need a federal right-to-sue notice, you must contact EEOC separately; federal prerequisites and deadlines vary by statute and case posture, so CRD’s one-year period should not be applied to a federal claim. See CRD’s right-to-sue guidance.

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A practical filing checklist

  1. Identify the employer type. If the employer is a federal agency, follow the EEOC federal-sector process; the ordinary private-sector comparison does not apply.
  2. Record the dates. Write down each relevant incident date, because the filing window can depend on when the alleged conduct occurred.
  3. Identify the issue and possible law. Consider whether the issue may involve California or federal discrimination law, harassment, accommodation, leave, or another covered matter. Wage and break disputes need a different agency.
  4. Preserve relevant information. Keep pertinent messages, policies, discipline records, accommodation requests, records, and witness names.
  5. Contact the relevant agency promptly. If fewer than 60 days may remain for an EEOC charge, follow EEOC’s expedited instructions. Do not wait for certainty about every legal detail before seeking agency guidance.
  6. Ask about dual-filing status. If your claim may be covered by both state and federal law, confirm with the receiving agency that it has been treated as dual-filed.
  7. Understand the consequence before requesting immediate CRD right to sue. That choice ends CRD investigation; seek qualified legal advice if considering a lawsuit.

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