California DFEH right-to-sue rules set filing deadlines, complaint steps, and options after workplace or housing discrimination. It explains CRD name changes, EEOC differences, investigations, and court filing time limits under California law.
By Brad Nakase, Attorney
Email | Call (888) 600-8654
Have a quick question? I answered nearly 1500 FAQs.
A state government organization called the California DFEH (Department of Fair Employment & Housing) is in charge of shielding citizens from illegal discrimination in the housing, public accommodations, and employment sectors. They also deal with offenses, including human trafficking & hate crimes.
Managing discrimination complaints is one of the DFEH’s primary responsibilities. When someone submits a complaint of discrimination with the department, it is known as a DFEH complaint. After determining whether to agree to the case, the DFEH will look into it and try to find a solution. The DFEH may alternatively file a lawsuit against the party in violation in certain circumstances.
Additionally, the DFEH is authorized by California’s civil rights legislation to arbitrate and settle disputes pertaining to civil rights issues, as well as to enforce certain statutes. Additionally, they give businesses, employers, housing organizations, and other organizations the appropriate training on pertinent topics.
It is important to first learn the DFEH’s meaning and how its authority applies to employment & housing issues. As stated above, the DFEH concentrates its efforts on public accommodations, employment, and housing in responding to such allegations of discriminatory conduct. When it pursues this mission, it seeks to enforce state civil rights laws, protect Californians from unlawful discrimination, and ultimately eliminate discrimination in these vital areas of a person’s life.
Most of the legal matters under the DFEH’s jurisdiction are usually related to housing or employment infractions. The DFEH may also deal with the following particular legal matters and disputes:
The EEOC was a preferable choice for grievances that came under federal authority and could not be further lodged with the DFEH because of the expiration. This was before 2020, when people had less time to make a complaint with the DFEH.
However, if a complainant satisfies the qualifications and is allowed to submit the grievance with the DFEH, the DFEH is, without a doubt, the best agency to do so. 2020 saw an extension of the one-year deadline for filing to three years under California state law.
Many people searching for workplace rights information often begin by understanding the DFEH’s meaning. If you hear about the California CRD (Civil Rights Department), don’t get confused. It is simply the rebranded California DFEH (Department of Fair Employment & Housing). It is not a new org.
The DFEH was renamed to the CRD (1st July 2022). It updated its website, posters, and booklets with its new name & logo. For example, calcivilrights.ca.gov is the new website address (albeit the previous DFEH website now reroutes to that).
The DFEH’s meaning is still widely searched by people trying to understand California’s civil rights protections.
The CRD retains all of the DFEH’s current rights and authorities; the renaming is intended to better represent the services the department offers and, ideally, improve public access to them.
While the DFEH upheld civil rights in housing and work, it also had to address claims of civil rights abuses in a number of other areas, including prohibiting discrimination.
In a similar vein, the California CRC (Civil Rights Council) has replaced the FEHC (Fair Employment & Housing Council).
The name change was prompted by feedback from stakeholders over the past few years. Particularly in light of the pandemic, the rise in hate crimes, and the realization that the department’s previous name actually prevented some people from using the services.
Many workers put up with harassing, discriminatory, and vindictive work situations until they feel they can no longer do so or are left with no other option. The next course of action needs to be decided upon at this stage. Understanding the DFEH’s meaning helps clarify how it differs from the EEOC.
The first thing to remember is that you have to exhaust all administrative remedies before you may file a claim in civil court for one of the aforementioned grounds of action. This basically implies that you have to file a complaint with a suitable administrative agency. These are the DFEH (Department of Fair Employment & Housing) or the EEOC (Equal Employment Opportunity Commission). This is before a claim in civil court. The next step is to determine which agency is best to file your claim with.
The DFEH doesn’t enforce the Equal Pay Act, which is the first of these two administrative agencies’ main distinctions.
1. Number of Workers
The minimum number of staff members that a company must have to qualify for the restrictions to apply is determined by both the DFEH and the EEOC.
To be bound to the DFEH’s guidelines, a company must have a minimum of five employees. However, for the DFEH to put into effect the discrimination laws in cases of harassment, a business needs only one employee.
If an employer employs two or more people, the EEOC is going to enforce federal laws found in the “Equal Pay Act.” If an employer employs twenty or more people, the “Age Discrimination in the Workplace Act” shall be enforced. Lastly, the Americans with Disabilities Act and Title VII will be enforced by the EEOC when there are at least fifteen employees.
Since the DFEH’s rules are obviously less demanding, it would be the ideal place for harmed workers who are employed by smaller companies to start.
2. Timing
Additionally, the deadlines for submitting a claim to each agency differ. An employee may file with the EEOC within 180 days after the date of discrimination, according to the EEOC. If a state or local government forbids discrimination on the grounds specified in the EEOC claim, the time increases to 300 days. This extension only applies to allegations of age discrimination, in which case a state statute that forbids age discrimination must exist. The DFEH, on the other hand, gives workers up to a year from the day of discrimination to bring a claim.
It’s also important to remember that government personnel have various time constraints. A government employee is required by the EEOC to submit a claim within forty-five days of the discriminatory act.
3. Right to Sue Letter
Following the conclusion of its investigation, either agency may issue a Right to Sue Letter, which is a requirement for bringing an assertion in civil court. The most appropriate course to take is usually to request a “Right to Sue Letter” right away because these agencies usually have very long inquiry periods and limited resources.
Claims submitted to one agency are simultaneously filed with another agency in accordance with a contract between the agencies. You will receive a “Right to Sue Letter” from DFEH as soon as you file via the EEOC, and after their investigation is complete, they will send you a “Right to Sue Letter” on their own behalf. When you file through the DFEH, they don’t issue a “Right to Sue Letter” until their inquiry is complete. At that point, they notify the EEOC, which issues a “Right to Sue Letter” of its own.
The EEOC gives you 90 days after receiving a “Right to Sue Letter” to submit a complaint in civil court. After receiving the “Right to Sue Letter,” the DFEH grants one year to bring it in a civil court.
4. The Investigation
Issuing “right-to-sue” letters is one of the main responsibilities of both the DFEH and the EEOC due to their limited funding. The claimant is granted permission to launch a civil case upon receipt of one of such notices, which meets the “administrative exhaustion” criteria.
Occasionally, the agencies start with an investigation. This is sometimes less successful and efficient than bringing a private case, and it can be drawn out and lengthy. However, the delay can be justified because the investigators have information accessibility that private lawyers cannot obtain prior to bringing a legal complaint.
Additionally, when an employee presents a claim for the first time, the EEOC promotes mediation and gives you the opportunity to obtain his written reply from your employer about the workplace behavior you feel is discriminatory. This response can help you and your prospective attorney assess the viability of your case.
However, claimants should be aware that the EEOC will take an impartial and equitable investigative and prosecution attitude rather than acting as the employee’s representative during the inquiry and prior to making a decision regarding the claim. The EEOC is going to issue a right-to-sue notification, enabling the party to proceed with a private action if it finds insufficient evidence to substantiate the complaint.
After conducting an inquiry, the DFEH, if it is the investigative agency, will create a formal complaint and submit it to the EEOC. If the DFEH wants administrative fines or mental anguish damages, it may next take the case to civil court or litigate it at an open Fair Employment & Housing Commission (FEHC) hearing. As the true party in interest, the DFEH will represent the complainant in court.
5. Damages Available
For mental anguish (emotional pain, suffering, discomfort, psychological distress, loss of the pleasure of life, etc.), compensatory damage awards are allowed under Title VII. The maximum amount of compensatory damages is $300,000 for Title VII allegations filed with the EEOC against businesses with more than 500 employees. Title VII also permits reimbursement for lost wages, prospective lost wages, & other out-of-pocket costs (medical bills and moving expenses) that may result from a discriminatory employment judgment.
There is no cap on the amount of damages that can be recovered. Punitive damages may also be awarded for deliberate discrimination by nongovernmental organizations under Title VII, including accusations of differential treatment.
Under FEHC, punitive and compensatory damages are also admissible; however, emotional distress penalties are limited to $150,000. FEHC will not often order a losing complainant to shell out the employer’s legal fees and expenses; however, it may provide testimony fees & reasonable legal costs to the successful party.
In a similar vein, the EEOC will never demand that a plaintiff cover the costs and fees of legal representation. In the event that either agency files a lawsuit on your behalf and loses the case, the corresponding agency is responsible for paying all litigation expenses. It should be noted that these damage caps aren’t applicable to private litigation, which is a further incentive why hiring and retaining an attorney may be advantageous for someone with serious allegations of harassment or discrimination.
Individuals can better understand their rights & legal resources available to address discrimination in California by learning the DFEH’s meaning.
Have a quick question? We answered nearly 2000 FAQs.
See all blogs: Business | Corporate | Employment Law
Most recent blogs:
Contact our attorney.