How to Obtain a Right to Sue from the CRD

A right-to-sue letter from the California Civil Rights Department (CRD) is a mandatory legal document that authorizes you to file a discrimination lawsuit against your employer in state court. The CRD issues this letter either after completing their investigation of your complaint or immediately upon your request, allowing you to bypass the agency’s investigation process entirely. Understanding how to obtain this letter and navigate the associated deadlines is critical for protecting your legal rights under California’s Fair Employment and Housing Act — and one key step is knowing how to request a CRD right-to-sue letter quickly and correctly.

What Is a CRD Right-to-Sue Letter?

A CRD right-to-sue letter is an official document from the California Civil Rights Department that permits you to pursue a civil lawsuit in state court for workplace discrimination, harassment, or retaliation claims under California’s Fair Employment and Housing Act (FEHA). This letter serves as a legal prerequisite for most employment discrimination lawsuits in California state court. Without this letter, you cannot proceed with your lawsuit, making it a critical step in the legal process.

The CRD will issue this authorization in two ways: after conducting a full investigation of your discrimination complaint, or immediately upon your written request to bypass their investigation process. The letter doesn’t indicate whether the CRD found merit in your claims—it simply grants you permission to pursue your case through the court system instead of through the agency’s administrative process.

When to Request an Immediate Right-to-Sue vs. Full CRD Investigation

The choice between requesting an immediate right-to-sue letter and allowing the CRD to conduct a complete investigation depends on several strategic factors. Immediate right-to-sue requests make sense when you have strong documentary evidence, experienced legal representation, or approaching statute of limitations deadlines that could jeopardize your claims.

Full CRD investigations benefit cases with limited documentation, complex factual disputes, or when you lack the resources for immediate litigation. The agency’s investigation can uncover additional evidence through their subpoena power and may result in findings that strengthen your position in subsequent court proceedings. However, CRD investigations typically take 12–18 months to complete, which can allow evidence to become less reliable and witnesses’ memories to fade.

Consider requesting an immediate right-to-sue letter if you have clear evidence of discrimination, such as discriminatory emails, documented patterns of unequal treatment, or witness statements supporting your claims. This approach preserves the freshness of evidence and allows you to control the timeline of your case. Many experienced employment attorneys recommend this route because it maintains momentum in your case and prevents your employer from using delay tactics.

How to File Your CRD Intake and Request

Filing your CRD complaint requires completing several key steps to ensure your case proceeds smoothly:

1. Complete the online intake process through the CRD’s complaint portal at https://calcivilrights.ca.gov/obtainrighttosue/. You can also submit a written complaint by mail or fax, though the online system typically processes requests faster.
2. Provide comprehensive information about the discriminatory conduct, including specific dates, locations, witnesses, and supporting documentation in the intake form.
3. State your preference clearly if requesting an immediate right-to-sue letter rather than waiting for a full investigation. Include a written statement explaining why you’re requesting immediate issuance.
4. Specify dual-filing status if you’re also filing with the Equal Employment Opportunity Commission (EEOC), as this coordination affects how your claims proceed.
5. Identify all relevant parties, including individual supervisors, managers, and corporate entities involved in the discriminatory conduct. Include detailed contact information and specific job titles for individual defendants.
6. Describe the discriminatory conduct in detail, being specific about dates, times, locations, and the nature of each incident. Include information about any internal complaints you filed and your employer’s response.

This initial filing sets the foundation for your entire case, so accuracy and completeness are vital. You typically cannot add new parties later without refiling your entire complaint, which could reset deadlines and jeopardize your legal strategy.

If you’re unsure about completing the intake or crafting the statement requesting immediate issuance, consult an employment lawyer to help prepare and review your submission.

Understanding CRD Processing Times and Procedures

Once you submit your complaint, the CRD will acknowledge receipt and assign a case number, typically within 10 business days. For immediate right-to-sue requests, the agency usually issues the letter within 30–60 days of filing, though processing times can vary based on caseload and complexity.

If you choose a full investigation instead, the CRD follows a structured process. They notify your employer of the complaint, typically within 30 days of filing. Your employer then has an opportunity to respond to the allegations. The CRD investigates by conducting interviews with witnesses, requesting documentation from both parties, and analyzing the evidence to determine whether discrimination likely occurred.

During the investigation process, the CRD may facilitate mediation or settlement discussions between you and your employer. These sessions can result in resolution without the need for litigation, but participating doesn’t prevent you from later requesting a right-to-sue letter if settlement efforts fail. The agency will issue a determination letter stating whether they found evidence of discrimination, followed by the right-to-sue letter regardless of their findings.

Understanding these timelines helps you coordinate your legal strategy and manage expectations. If you need your case resolved quickly due to financial pressures or other circumstances, the immediate right-to-sue option provides faster access to court remedies.

Coordinating With EEOC: Dual Filing Strategy

California’s unique legal framework allows dual filing with both the CRD and the Equal Employment Opportunity Commission (EEOC), substantially expanding your potential claims and remedies. This strategy is particularly valuable because federal and state employment laws protect different categories and offer different types of relief.

Federal claims under Title VII (race, color, religion, sex, national origin discrimination), the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA) require EEOC filing within specific deadlines. California-specific protections, such as those covering sexual orientation, gender identity, or marital status discrimination, require CRD filing. Dual filing preserves both sets of claims, allowing you to pursue the most advantageous legal forum and seek the broadest range of damages.

The practical benefits of dual filing include access to federal court jurisdiction, potential attorney’s fees under federal statutes, and different damage calculations between state and federal law. Federal law may offer different remedies for emotional distress and punitive damages compared to California state law. Additionally, some employers may be more motivated to settle when facing potential liability in multiple jurisdictions.

When dual filing, coordinate your requests for right-to-sue letters from both agencies. The EEOC typically requires you to wait at least 60 days before requesting their right-to-sue letter, unless you can demonstrate that waiting would cause irreparable harm. The CRD has no such waiting period for immediate requests, giving you more flexibility in timing your litigation strategy.

Post-Letter Requirements and Filing Deadlines

Once you receive your CRD right-to-sue letter, several critical requirements must be met within strict timeframes:

• File your lawsuit within exactly one year of receiving the right-to-sue letter. This deadline is strictly enforced with very limited exceptions, making this deadline one of the most critical in your case.
• File in the appropriate county court, typically where the discrimination occurred or where your employer is headquartered.
• Name all defendants you wish to sue and include all claims you intend to pursue in your complaint.
• Serve all named defendants according to California’s service of process rules, typically involving a professional process server or sheriff delivering copies of your complaint and summons.

The one-year deadline begins when you actually receive the letter, not when it’s mailed or dated by the agency. Immediately upon receiving your right-to-sue letter, calendar this deadline and begin preparing your complaint. Courts rarely grant extensions of this deadline, so treating it as absolutely firm protects your right to seek justice through the legal system. Proper service is important—failure to serve defendants correctly can result in dismissal of your case.

Pre-Filing Checklist: Jurisdiction, Claims, and Strategic Considerations

Before requesting your right-to-sue letter, several important factors require careful verification and consideration:

• Verify CRD jurisdiction over your employer and claims. The CRD typically covers employers with five or more employees, though some protections apply to smaller employers.
• Confirm your claims fall under FEHA’s protected categories, which include race, color, religion, sex, gender identity, sexual orientation, pregnancy, disability, age, and other characteristics.
• Compile comprehensive documentation supporting your claims, including emails, text messages, performance reviews, witness contact information, medical records, and internal complaint documentation.
• Organize materials chronologically and create a detailed timeline of discriminatory events.
• Identify all proper defendants early in the process, including your employer as a corporate entity, individual supervisors or managers, and any parent or subsidiary companies involved in employment decisions.
• Evaluate your financial resources for litigation, including potential costs such as filing fees, deposition expenses, and expert witness fees.

Consider the strength of your evidence and potential damages when deciding your strategy. Strong cases with clear documentary evidence may benefit from immediate right-to-sue requests and quick resolution, while cases with weaker evidence might benefit from CRD investigation to develop additional support. Many employment attorneys work on contingency fee arrangements, but understanding the financial implications helps you make informed decisions about when and how to proceed with your case.

Quick Walkthrough

• If you want how to request an immediate CRD right-to-sue (common when represented): complete the online intake, attach strong documentary evidence, and state your immediate request in writing on the intake form.
• If deciding when to use full investigation vs. immediate RTS: choose immediate RTS when evidence is strong and speed is critical; choose full investigation when you need the agency’s subpoena power or time to develop evidence.
• For how to file the intake: use the CRD portal at https://calcivilrights.ca.gov/obtainrighttosue/. Attach chronological exhibits and a clear timeline.
• For post-letter deadlines: remember the one-year filing deadline and immediate calendar action upon receipt of the letter.
• For coordination with EEOC (dual filing): file with EEOC to preserve federal claims and coordinate timing to request both right-to-sue letters as appropriate.

This walk-through emphasizes speed to court while preserving California causes of action, using portal links and a short pre-filing checklist to satisfy the most common searcher intent.

Final Strategic Notes

• Document everything and preserve electronic files and any devices that may contain relevant communications.
• Get legal advice early—an employment attorney can evaluate whether immediate CRD right-to-sue requests or full investigations best preserve your claims and evidence.
• Be mindful of adding parties—you may not be able to add defendants later without major procedural consequences.
• Coordinate dual filings to preserve the broadest set of remedies and leverage.

If you follow the steps above—complete the intake accurately, decide whether to request an immediate right-to-sue, coordinate with EEOC when advantageous, and calendar the one-year deadline upon receipt—you will maximize your chances of preserving and successfully pursuing your California employment claims.

Need Help with a California Employment Law Issue?

If your employer has violated your rights, you deserve an advocate who knows how to fight back. The California employment lawyers at Eldessouky Law have built a strong reputation for standing up for workers across the state — from wrongful termination and harassment to discrimination and unpaid wages.

Attorney Mo Eldessouky is a seasoned trial lawyer who prepares every case as if it’s going to court. His approach leaves no room for shortcuts — every fact investigated, every defense anticipated. That level of preparation often leads to stronger settlements and courtroom victories for his clients.

Call 213-788-7887 or contact us online for a free, confidential consultation. We’ll review your situation, explain your rights, and develop a strategy built around your goals — because your job, your dignity, and your future matter.