A letter from the California Civil Rights Department just named your business. You may still know the agency by its old name, DFEH. The letter sets a response deadline, and what you send back becomes part of the record for everything that follows.
Karin Backstrom defends San Diego employers against CRD complaints, from the first read of the notice through mediation, investigation, and court if it goes that far.
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The Civil Rights Department (CRD) took over from the Department of Fair Employment and Housing (DFEH) on July 1, 2022. The name changed. The law did not. The CRD still enforces the Fair Employment and Housing Act (FEHA), California’s main law against workplace discrimination, harassment, and retaliation.
A complaint means an employee, former employee, or job applicant claims your company broke FEHA. It does not mean the CRD agrees. Many complaints close without any finding against the employer, and the way you respond has a lot to do with where yours lands.
CRD defense sits at the center of Backstrom Labor Law’s administrative agency practice. Karin has handled state and federal agency charges for more than 26 years, so she can tell you early whether your complaint looks routine or serious. Because the CRD and the EEOC share complaints, she often coordinates both at once, the same way she handles EEOC charge defense in San Diego.
The first step is knowing what kind of notice you have. Each one calls for a different response.
| Notice you received | What it means for your business |
|---|---|
| Complaint filed for investigation | The CRD accepted the complaint and wants your side. Your letter states the response deadline. |
| Right-to-sue notice | The employee asked to skip the CRD investigation. The agency closes its file, and the employee has one year to file a lawsuit. |
| Mediation invitation | The CRD’s Dispute Resolution Division offers free mediation before or during the investigation. |
| Requests for documents or written questions | The CRD is investigating and expects sworn answers by a set date. |
A right-to-sue notice is often the most urgent of the four. It means the next step may be a lawsuit in San Diego Superior Court, not an agency review.
Send Karin the notice. In one call, you will know your deadline, your real exposure, and the right next step for your business.
CRD deadlines are strict, and several run at the same time. Your notice controls, so read the date on your letter first.
| Deadline | What applies |
|---|---|
| Employee’s time to file | Generally three years from the alleged act |
| Your written response | The date in the CRD’s letter, often 30 days from service. The CRD can extend it, and mediation pauses it. |
| CRD written questions (interrogatories) | Sworn answers within 30 days under Government Code 12963.2 |
| Employee’s lawsuit after right-to-sue | One year from the date of the right-to-sue notice |
| Personnel records | Keep them at least four years, and longer once you know about a complaint (Government Code 12946) |
Missing a deadline rarely ends a case. It does take options off the table and can make your business look careless to the investigator.
The first few days shape the whole matter. These steps protect your position while you get advice.
Put the response date and any document dates on the calendar of everyone involved.
If you carry employment practices liability insurance (EPLI), many policies require prompt notice of a claim.
Save personnel files, emails, texts, schedules, and notes about the employee and the decisions in question. Stop any routine deletion.
FEHA makes it illegal to punish someone for filing a complaint, testifying, or helping in a CRD case. Talk to counsel before any change to pay, schedule, duties, or discipline. That step matters as much as the complaint itself, which is why retaliation claim defense often starts the day a CRD notice arrives.
Limit the response team to people who need to know. Do not discuss the complaint with the employee or coworkers.
Start an attorney-guided workplace investigation so you know the facts before you commit to a story.
What you do this week often matters more than what the complaint says.
Your written response tells the CRD why your decisions were lawful. The agency asks for a response that is clear, concise, and complete. In practice, that means answering each allegation with facts you can prove.
A strong response usually includes:
Treat every sentence as a future trial exhibit. The employee’s lawyer may see your response, and any gap between it and your later testimony becomes a problem. If the employee also filed with the EEOC, both responses need to tell the same story. Our guide on how to respond to a CRD complaint walks through the drafting process step by step.
This choice shapes cost, time, and privacy. There is no single right answer, so weigh it against your facts.
The CRD's Dispute Resolution Division offers mediation at no charge. It is voluntary in most cases, and the talks stay confidential. Your deadlines pause while you mediate.
Keep two points in mind. A settlement reached through the CRD often cannot be kept confidential, and it may include terms beyond money, such as training or policy changes. Small employers with 5 to 19 employees face a special rule, because some family leave claims must go through CRD mediation before the employee can sue.
If the case does not settle, the CRD investigates. Investigators can interview witnesses, request documents, send written questions that you answer under oath, and issue subpoenas. If the CRD finds cause and the parties do not settle, the agency can file a lawsuit in its own name.
Karin reviews your records and gives you a candid view of your exposure before you choose mediation, a full response, or both.
FEHA reaches further than federal law. It covers employers with five or more employees for discrimination claims, and it covers every employer for harassment claims. It also protects more categories than federal law.
The financial risk is real. FEHA does not cap compensatory or punitive damages the way federal law does, and an employee who wins can recover attorney’s fees. That is why a CRD complaint deserves serious attention even when the facts look thin.
Many owners worry about personal liability. California courts have held that supervisors are generally not personally liable for discrimination or retaliation under FEHA. An individual who harasses an employee can be personally liable, which is why harassment allegations call for a careful harassment defense attorney in San Diego.
You work with Karin from the first call to the final resolution. Here is what that looks like.
Karin reviews the notice, confirms each deadline, and gives you an honest read of the claim. Consultations are typically available within 48 hours.
She gathers the records and interviews the decision makers under attorney-client privilege.
She drafts a factual, disciplined response and coordinates any parallel EEOC charge.
She advises you on mediation, settlement terms, and insurance coordination.
She manages CRD document requests and interviews so you produce what the law requires and nothing careless.
If the employee files a lawsuit, Karin continues as your counsel in employment litigation defense for employers, with no handoff and no new learning curve.
Business owners and HR directors call this firm when they want a senior attorney who knows the CRD process and tells them the truth about it.
The firm represents employers only. Your attorney never works the other side of these cases.
The attorney who reviews your notice is the attorney who writes your response. You will not be passed to a junior associate.
Karin began her career at Littler Mendelson and Sheppard Mullin and has litigated more than 500 employment cases. You can read more about Karin Backstrom's background.
From employment defense counsel in Old Town San Diego, Karin defends employers before the CRD and in court across California. For broader matters, she also serves as your employer defense attorney in San Diego on wage, termination, and policy issues.
Yes. DFEH became the Civil Rights Department on July 1, 2022. The agency enforces the same law, FEHA, and follows the same complaint process. Older notices, forms, and court papers may still say DFEH.
Your deadline is the date stated in the CRD's letter, often 30 days from service. The CRD can grant an extension, and the deadline pauses during CRD mediation. You can read the CRD's guidance for responding employers on its website.
The law does not require one. Your response becomes evidence, though, and the employee's lawyer may read it. An experienced employer-defense attorney helps you avoid statements that create new problems later.
Yes. When the CRD closes a case, it issues a right-to-sue notice. The employee then has one year to file a lawsuit. A closed CRD file does not mean the matter is over.
You can still manage performance, but timing and documentation matter. Any action after a complaint can look like retaliation, so get advice before you act. These steps that reduce retaliation risk are a good starting point.
It depends on your policy. Many EPLI policies cover agency complaints but require prompt notice and carrier approval for counsel or settlement. Send your policy with the notice, and Karin can help you coordinate with the carrier.
Often, yes. The CRD and the EEOC share complaints under a work-sharing agreement, and usually only one agency investigates. Your responses to both agencies must stay consistent.
Bring the notice and your questions. Karin will review the deadline, the allegations, and your options in one direct conversation.
