Administrative Complaints (EEOC and CRD)
Every worker has the right to a work environment free of discrimination and mistreatment. If you’ve been discriminated against because of your race, sex, or other protected characteristic, you have recourse against your employer.
Many people think that if you have clear evidence of employment discrimination, you should file a lawsuit. However, in California, you must file an official complaint with an administrative agency before you can pursue legal action.
The filing process can be confusing, but an employment discrimination lawyer can help. If you’re looking for an administrative complaints EEOC and CRD lawyer in California, California Civil Rights Law Group is here to help.
Understanding Employment Discrimination
Employment discrimination happens when your employer treats you unfairly because you’re a member of a protected category. California has some of the country’s most robust civil rights laws; employers may not discriminate against employees based on any of the following:
- National origin or ancestry
- Race or color
- Religion
- Age (if age 40 or over)
- Mental or physical disability
- Sex
- Gender identity or gender expression
- Sexual orientation
- Pregnancy or related condition
- Genetic information
- Medical condition
- Marital status
- Military or veteran status
Employees are also legally protected from sexual harassment and other types of harassment in the workplace.
Sometimes, discrimination in the workplace is obvious, but in other instances, it’s much more subtle. These are some examples:
- Not hiring a woman because the employer thinks she will need maternity leave
- Paying certain employees less based on their race
- Denying reasonable accommodation to someone with a disability
- Repeatedly making fun of an employee over 40 for being “old”
Both state and federal laws prohibit retaliation by employers accused of discrimination. Under the law, “retaliation” includes firing, demotion, or any other adverse action by the employer as a result of the complaint.
Laws That Protect Employees
Employees generally pursue administrative complaints (EEOC and CRD) if their employer has violated one or more anti-discrimination laws. These are some of the major employee protection laws in California:
Title VII of the Civil Rights Act of 1964
This is a federal law enforced by the Equal Employment Opportunity Commission (EEOC). It prohibits employers from discriminating based on sex, religion, race, color, or national origin.
California Fair Employment and Housing Act (FEHA)
This law prohibits employers and housing providers from discrimination based on several protected characteristics.
California Family Rights Act (CFRA)
This law allows employees to take job-protected leave for certain personal or family medical events.
California Equal Pay Act
This law orders employers to pay employees who perform “substantially similar work” the same amount.
Pregnancy Disability Leave (PDL) Law
This law provides job protections for pregnant employees.
Filing an Administrative Complaint
If you’ve been discriminated against at work or have otherwise faced illegal or unethical conduct by your employer, you may want to file a lawsuit.
However, before doing so, you must exhaust administrative remedies. This means that you must address the issue through an administrative agency first. In this case, that means filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).
Filing an EEOC Complaint
You can file an EEOC complaint by mail or in person at an EEOC office. Before filing your complaint, the EEOC recommends having this information:
- Your name, address, and phone number
- Your employer’s name, address, and phone number
- A description of the discrimination or harassment you’ve endured
- The dates of the harassment
Having evidence to substantiate your claim can make a significant difference in the outcome. An administrative complaints lawyer can help you determine what evidence you need and how to obtain it.
Filing a CRD Complaint
If you want to file a complaint with the California Civil Rights Department (CRD), there are several ways to do so:
- Online
- By mail or email
- By phone
- In person
The CRD states that it is important to have the following information when you file:
- Specific facts of the harm you suffered
- The names and contact information of those who perpetrated the harm
- Copies of relevant documents or any other evidence supporting your case
- Names and contact information for any witnesses
As is the case with EEOC discrimination complaints, you are not required to have a lawyer to file. However, an attorney can do more than just represent you in court. The California Civil Rights Law Group team is familiar with fair employment and administrative complaints laws in California and can guide you through the process.
Investigation and Process
Once you have filed an EEOC or CRD complaint, the agency will investigate and possibly pursue further action. Here’s a look at what to expect.
Investigation and Determination
Once the agency has received your complaint, it will start investigating. The investigation might include some or all of the following:
- Visiting your employer in person
- Reviewing employer policies
- Interviewing witnesses
- Requesting employer records
There is no set time limit for this process. Once the investigation is complete, the agency will determine whether it believes there is enough evidence that shows discrimination or harassment has occurred.
Potential Action
In some cases, the agency may request that you and your employer attend a confidential mediation session. This is where you and your employer (and your lawyers) sit down with a trained third party to attempt to find a settlement or other resolution. If the mediation is not successful, the case may proceed through further investigation or go to court.
After investigating, the EEOC or CRD may also offer to file a lawsuit on your behalf.
Your Right to Sue
After an investigation, the EEOC or CRD will issue you a “right-to-sue” letter if the agency is not going to file a lawsuit on your behalf. They will issue this letter even if they believe there is not sufficient evidence of discrimination. Once you have received a right-to-sue letter, you have a limited time to file a lawsuit:
- The CRD usually gives you one year from the date of the notice
- The EEOC generally gives you 90 days from the date of the notice
If you and your lawyer believe filing a lawsuit is the best course of action, your attorney will proceed to file on your behalf.Filing a lawsuit doesn’t mean your case will automatically go to court. Many lawsuits over discrimination, sexual harassment, and wrongful termination are settled outside of court. However, if you are unable to agree on a settlement, the case might go to trial.
Furthermore, employees are shielded against retaliation from employers and have a right not to experience religious harassment. If such discrimination violates a worker’s rights, they can file a formal complaint.
Remedies for Employment Discrimination
Discrimination comes in many forms, so it’s only fitting that there are many types of remedies. These are some of the most common:
- Job reinstatement after wrongful termination
- Compensation for your monetary losses
- Back pay
- Reimbursement for attorney fees and court costs
In some instances, discriminatory employers have also had to update policies or offer training to their employees. Even if these remedies don’t directly impact your situation, they may help ensure someone else doesn’t experience discriminatory treatment later on.
Potential Damages and Relief
If your case against your employer is successful, you may be awarded monetary damages. You may receive back pay if you were unjustly fired. If you had to seek medical care or counseling because of the stress that came with the discrimination, your employer may have to pay your medical bills as well.
If your employer’s treatment of you violated certain laws, they may be ordered to pay you double or triple damages as well.
Finding the Right Lawyer for Your Administrative Complaint
Before you start putting together your complaint, it’s wise to seek out an attorney familiar with administrative complaints laws. Unfortunately, many people skip this step because they think they can’t afford an attorney.
Most administrative complaints lawyers, including those at California Civil Rights Law Group, work on contingency. That means you pay nothing up front, and if we recover money for you, you agree to pay us a percentage.
Looking for an Administrative Complaints EEOC and CRD Lawyer in California?
No employee should have to put up with sexual harassment, discrimination, or other unfair treatment at their place of work. If you’re facing this kind of treatment from your employer, California Civil Rights Law Group can help. We’ve fought for fair treatment for countless California workers, and our results speak for themselves. Get in touch today for a free consultation!
FAQ
Under California state law, you have three years from the date you were last discriminated against (or otherwise harmed) by your employer to file a CRD complaint.
How much you may receive from an EEOC settlement depends on the facts of your case. When you schedule your free consultation with us, we can discuss your circumstances and give you an idea of how much your case may be worth.
The difference between these two complaints lies in where they are filed. An Equal Employment Opportunity (EEO) complaint is filed with your employer to resolve the problem internally.
An Equal Employment Opportunity Commission (EEOC) complaint is filed with the Equal Employment Opportunity Commission (EEOC), a federal agency.
Generally, no. In most cases, a complaint filed with one agency is automatically filed with the other. However, if your discrimination or wrongful termination claim has to do with a California-specific law, you may only need to file with the CRD.
You must file a CRD complaint within three years of the date you were last harmed by your employer. You must file an EEOC complaint within 300 days of the date you were last harmed.
The 300-day EEOC deadline is unique to California. In most other states, employees only have 180 days after the date of last harm to file an EEOC complaint.
Technically speaking, you can file a claim without an administrative complaints lawyer. California doesn’t require you to retain an attorney before filing.
However, the administrative process can be a challenge to navigate, and the EEOC and CRD can rarely recover the compensation you deserve (if they decide to file a lawsuit at all).
In almost every case, working with an administrative complaints EEOC and CRD lawyer in California will increase your chances of a favorable outcome.
The more quality evidence you have, the better. You should have copies of any communication from your employer that illustrates their discrimination or other misconduct. Statements from witnesses can be helpful, as can video or audio recordings.
All evidence gathered should clearly illustrate your claim. Exactly how much evidence you need depends on the nature of your complaint, but an administrative complaints lawyer can tell you whether the evidence you’ve collected is sufficient.
Generally speaking, you can. The CRD and EEOC are public agencies, so they aren’t bound by private arbitration agreements.
Continuing to work while your complaint is investigated can be very stressful. The best way to protect your job is to focus on your work duties and avoid discussing the complaint with your employer or any coworkers.
