In California employment law, employees may file administrative complaints with either the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH).

The key differences are:

EEOC (Federal Agency)

  • Enforces federal anti-discrimination laws such as Title VII, the ADA, and the ADEA
  • Generally applies to employers with 15 or more employees (20 for age claims)
  • Provides federal remedies

CRD (California Agency)

  • Enforces the California Fair Employment and Housing Act (FEHA)
  • Applies to employers with as few as 5 employees for most claims
  • Often provides broader protections and higher potential exposure than federal law

Employees frequently “dual file” with both agencies. Before filing a civil lawsuit for discrimination, harassment, or retaliation, an employee must obtain a Right-to-Sue notice from one of these agencies.

For employers, the procedural deadlines and response strategy differ depending on which agency is involved. Early, careful handling is critical.