Under Government Code §12965(c)(1)(D), a right-to-sue notice gives you one year from the date of the notice to bring a civil action under the Fair Employment and Housing Act. You request the notice from the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH), through its online Cal Civil Rights System or with its printed right-to-sue form (CRD), and CRD states that “[i]n employment cases only, you must obtain an immediate Right-to-Sue notice from CRD before filing your own lawsuit in court” (CRD). An employment complaint must be filed with CRD within three years of the date the unlawful practice occurred (Gov. Code §12960(e)(5)).
Key deadlines
- Employment complaint to CRD: three years from the date the unlawful practice occurred (Gov. Code §12960(e)(5)).
- Civil action after a CRD right-to-sue notice: one year from the date of the notice (Gov. Code §12965(c)(1)(D)).
- Federal charge with the EEOC: 180 days, or, where proceedings were first instituted with a state agency such as CRD, 300 days or 30 days after notice that the state agency terminated its proceedings, whichever is earlier (42 U.S.C. §2000e-5(e)(1)).
- Federal lawsuit after an EEOC notice of right to sue: 90 days from the giving of the notice (42 U.S.C. §2000e-5(f)(1)).
These are general periods; exceptions and tolling rules exist, so seek advice early.
What is a right-to-sue letter?
It is CRD’s written notice that you may take your claim to court. Under Government Code §12965(c)(1)(D), the notice “shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.”
How does the CRD complaint process work?
CRD describes the steps on its complaint process page:
- Intake form. You begin online through CRD’s Cal Civil Rights System (CCRS), within three years of the date you were last harmed in an employment case.
- Intake interview. “The submission of the intake form will initiate an intake interview with a CRD representative,” who decides whether a complaint can be accepted for investigation.
- Complaint signed and served. If the complaint is accepted, CRD prepares it for your signature and sends it to the person or entity you named.
- Investigation, or an immediate right-to-sue notice. You may use CRD’s investigation, or instead obtain an immediate right-to-sue notice and file your own lawsuit.
- Lawsuit. One year from the date of the right-to-sue notice (Gov. Code §12965(c)(1)(D)).
Should I ask for an immediate right-to-sue notice?
Seek legal advice before you do. CRD’s guidance on requesting an immediate notice says “[t]his is advisable only if you have an attorney,” and warns that “if you receive a right-to-sue notice, your complaint will not be investigated by CRD even if you later decide not to file a lawsuit” (CRD).
The notice also starts the one-year period to sue under §12965(c)(1)(D). An immediate notice ends the investigation and starts the clock to file the lawsuit, so the timing of the request can be a strategic decision.
Do I also have to file with the EEOC?
The federal counterpart to CRD is the Equal Employment Opportunity Commission, and its deadlines are shorter.
| Question | CRD (state law) | EEOC (federal law) | Source |
|---|---|---|---|
| Deadline to file | Three years from the unlawful practice | 180 days; where proceedings were first instituted with a state agency, 300 days or 30 days after notice that the state agency terminated its proceedings, whichever is earlier | Gov. Code §12960(e)(5); 42 U.S.C. §2000e-5(e)(1) |
| Employer size for discrimination claims | Five or more employees | Fifteen or more employees | Gov. Code §12926(d); 42 U.S.C. §2000e(b) |
| Deadline to sue after the notice | One year | 90 days | Gov. Code §12965(c)(1)(D); 42 U.S.C. §2000e-5(f)(1) |
The two agencies coordinate. The EEOC states: “If you file a charge with a FEPA, it will automatically be ‘dual-filed’ with EEOC if federal laws apply” (EEOC). CRD is the California agency that enforces the Fair Employment and Housing Act.
The gap between the two deadlines matters. A three-year state window can make the timing feel generous, but the federal option has a far shorter clock under 42 U.S.C. §2000e-5(e)(1), and it runs at the same time.
Can my employer retaliate against me for filing a CRD complaint?
No. Government Code §12940(h) makes it unlawful for an employer or any person “to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.”
California Labor Code §1102.5 is California’s core whistleblower protection statute. It prohibits an employer from retaliating against an employee who discloses information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate or correct the issue, when the employee has reasonable cause to believe the information shows a violation of a state or federal statute, or of a local, state, or federal rule or regulation. It also protects employees who refuse to participate in an activity that would result in a violation of a state or federal statute, or of a local, state, or federal rule or regulation, and it covers internal complaints (to a supervisor or HR), not just reports to outside agencies.
The firm’s discrimination, harassment, and retaliation and whistleblower pages cover the claims that lead to a CRD complaint. CRD accepts complaints from employees statewide, including across Orange County, Los Angeles County, and the Inland Empire. If you were paid as an independent contractor, how the ABC test decides employee or contractor status is the place to start.
Frequently asked questions
What is a right-to-sue letter in California?
It is a notice from the California Civil Rights Department that you may bring a civil action under the Fair Employment and Housing Act. CRD states that in employment cases you must obtain the notice before filing your own lawsuit. Under Government Code §12965(c)(1)(D), the notice gives you one year from its date to file suit.
Is the DFEH the same as the CRD?
Yes. According to CRD’s name-change notice, the Department of Fair Employment and Housing was renamed the California Civil Rights Department effective July 1, 2022. A notice or letter issued under the old name came from the same agency.
How long do I have to file a complaint with the CRD?
Government Code §12960(e)(5) allows three years from the date the unlawful practice occurred for an employment complaint. CRD’s own guidance says you must submit an intake form within three years of the date you were last harmed. Tolling rules exist, so confirm your own dates early.
How long do I have to sue after I get a right-to-sue letter?
One year from the date of the notice, under Government Code §12965(c)(1)(D). Tolling rules can change that date, so confirm it with a lawyer early.
Should I request an immediate right-to-sue notice?
CRD says requesting one is advisable only if you have an attorney. CRD also states that if you receive a right-to-sue notice, your complaint will not be investigated by CRD, and the one-year period to sue under Government Code §12965(c)(1)(D) runs from the date of the notice.
Do I need to file with the EEOC as well as the CRD?
According to the EEOC, a charge filed with a state fair employment practices agency such as CRD is automatically dual-filed with the EEOC if federal laws apply. The federal deadline is 180 days, or where proceedings were first instituted with a state agency, 300 days or 30 days after notice that the state agency terminated its proceedings, whichever is earlier, under 42 U.S.C. §2000e-5(e)(1).
This is general advice and specific legal questions should always be discussed with and reviewed by your attorney.
Interested in having your potential claim evaluated?
Do not delay. If you want an attorney to look at your situation, Taylor E. DeRosa of DeRosa Law Firm handles employment cases for employees across Orange County, Los Angeles County, and the Inland Empire. Reach out today for a free consultation.
About the author
Taylor Edward DeRosa is a California employment lawyer who represents employees. He was admitted to the State Bar of California in 2018 and practices from Orange County, California, representing employees across Orange County, Los Angeles County, and the Inland Empire, and throughout California. In 2025, the Employment Rights Section of the American Association for Justice presented its Employment Excellence Award to Taylor DeRosa for the verdict in Carmell v. Janet’s Enterprises, Inc.
Legal disclaimer
This article is general information about California law. It is not legal advice, it is not a substitute for legal advice and reading it does not create an attorney-client relationship between you and DeRosa Law Firm or Taylor DeRosa. Do not act or decline to act based on this article alone.
Employment cases turn on their specific facts, and the law changes. Deadlines in California employment cases are strict, they differ by claim type and missing one can end a claim permanently. If you think you may have a claim, speak with a lawyer about your own situation well before any deadline.
The statutes, deadlines and figures in this article were verified against California and federal statutory and agency sources on September 30, 2026.
Attorney advertising. This communication may be considered attorney advertising under the California Rules of Professional Conduct. Taylor Edward DeRosa, DeRosa Law Firm, is responsible for the content of this page. No outcome is guaranteed. Nothing in this article is a prediction, promise, or guarantee about the result of any legal matter.
