When facing workplace discrimination, understanding your filing options can be crucial to protecting your rights. As an employee experiencing potential discrimination, you have two primary routes for filing a claim: the Equal Employment Opportunity Commission (EEOC) at the federal level or the California Civil Rights Department (CRD) (formerly known and the Department of Fair Employment & Housing or DFEH) at the state level. Each avenue offers unique advantages and considerations.  If you are an employee in California, you are protected by both California employment laws and federal employment laws.  In many cases California employment law is more favorable to employees than federal law.  Whether you file with the EEOC or CRD you may nonetheless assert state or federal law claims after your initial filing with the EEOC or the CRD.

FEDERAL ROUTE: FILING WITH THE EEOC

Pros of EEOC Filing

• Broader Jurisdiction: Covers federal anti-discrimination laws like Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), and Age Discrimination in Employment Act (ADEA).

• Nationwide Recognition: Claims filed with the EEOC can potentially lead to cases in federal court.

• Typically Faster Initial Processing: Often has more streamlined initial intake procedures.

Cons of EEOC Filing

• Limited State-Specific Protections: May not capture all nuances of California's robust employment laws.

• Narrower Protected Categories: Less comprehensive than California's state-level protections.

• Potential Time Limitations: Shorter statute of limitations for some claim types.
  
  

• Caps on Monetary Recovery: some federal employment laws have caps on how much money an employee can recover as a result of a successful claim.  Compensation for emotion distress damages are not available under federal employment laws. 

STATE ROUTE: FILING WITH THE CCRD

Pros of CRD Filing

• Extensive State Protections: Covers additional protected categories beyond federal law.

• More Comprehensive Coverage: Includes protections for:

  • Gender identity and expression

  • Sexual orientation

  • Reproductive health decisions

  • Broader definition of disability

• Longer Statute of Limitations: Generally provides more time to file a claim.

• Deeper Understanding of California-Specific Employment Laws: State investigators are more familiar with local regulations.

Cons of CRD Filing

• Potentially Slower Process: May have longer processing times compared to EEOC.

• State-Specific Limitations: Typically confined to California jurisdictions.

CRITICAL CONSIDERATIONS

Timing Matters

• EEOC Deadline: 180 days from the discriminatory event (extended to 300 days if a state agency cross-files)

• CRD Deadline: Generally three years from the discriminatory incident

Strategic Choices

Some situations may benefit from:

• Dual Filing: Simultaneously filing with both EEOC and CRD

• Cross-Filing: Allowing agencies to share and investigate your claim

• Consulting an Employment Law Professional: Guidance tailored to your specific situation

WHY A PROFESSIONAL CONSULTATION IS CRUCIAL

Every discrimination case is unique. While this overview provides general guidance, the complexities of employment law require personalized legal advice. Our firm specializes in navigating these intricate pathways, ensuring your rights are fully protected and explored.

Don't Navigate Alone. If you believe you've experienced workplace discrimination, don't wait. The nuances between EEOC and CRD filing can significantly impact your case's outcome.

DHG Legal, P.C. offers confidential consultations to help you understand your options, assess the strength of your claim, and determine the most strategic approach to addressing workplace discrimination.

Contact us today for a comprehensive case evaluation.