The short version:
- → Document everything as it happens — dates, times, witnesses, exact words
- → Report internally to HR in writing (email is best) — get everything documented
- → File a complaint with California's Civil Rights Department (CRD) — you have 3 years
- → Know your federal options under Title VII — the EEOC process is separate
- → Consult an employment attorney early — most work on contingency with no fee unless you win
Step 1: Document Everything Immediately
The first and most important thing you can do is document what happened. Not tomorrow, not next week — start now while details are fresh. This documentation is evidence.
Write down or record (if you're in a state allowing one-party consent) the following:
- ✓Specific date and time: The exact date and time of each incident of discrimination
- ✓What was said or done: The specific words, actions, or decisions that constituted discrimination. Be as detailed as possible.
- ✓Who was present: Names and job titles of anyone who witnessed the discrimination, and any witnesses who heard about it afterward
- ✓Context: What led up to the incident? Was there a performance review, meeting, or other context that matters?
- ✓Your response: How did you respond? Did you object? Did you report it? What did the person say when you objected?
- ✓Any evidence: Screenshots of emails, texts, or messages. Photos of documents. Saved performance reviews. Any written record contemporaneous to the events.
Pro tip: Save these notes somewhere safe and outside your work computer. A personal email, Google Drive, or printed copies at home. If you're fired, you may lose access to your work computer.
Step 2: Report Internally to HR (With Care)
Most employment agreements require you to report discrimination to HR before taking external action. More importantly, internal reporting creates a written record that you can use later. But be strategic about it.
How to report to HR:
- 1Use email: Never report discrimination verbally. Send an email to HR (and HR should respond in writing). Email creates a documented record of when you reported, what you reported, and who knew about it.
- 2Be clear and factual: State that you are reporting discrimination based on [protected class]. Describe what happened objectively — dates, times, specific words or actions. Don't editorialize or exaggerate, but be specific.
- 3Reference relevant policies: Mention if the behavior violates your company's anti-discrimination or anti-harassment policy.
- 4Request a response in writing: End with: 'Please provide a written response to this complaint within [X] business days.' This obligates HR to respond, and creates more evidence.
- 5Keep copies of everything: Save the email you sent and any responses you receive. Download them immediately — do not rely on your work email account.
Important: HR works for the company, not for you. Their job is to protect the company from liability. After your complaint, the company may:
- -Conduct an investigation (which may benefit you — or may not)
- -Do nothing and hope you go away
- -Retaliate against you (which is illegal — but happens)
Step 3: File a Complaint with the CRD
California's Civil Rights Department (formerly DFEH) is the state agency that enforces FEHA. Filing a complaint with CRD is a critical step — it creates an official record and triggers an investigation.
Key facts about CRD complaints:
Timeline
You have 3 years from the date of the discrimination to file. This is a hard deadline.
No filing fee
Filing a complaint with CRD is free. You do not need an attorney to file.
Investigation
After you file, CRD will investigate your complaint, interview witnesses, and gather evidence.
Right-to-sue letter
After investigation, CRD will issue a right-to-sue letter allowing you to file a civil lawsuit.
You can file with CRD online at their website, or you can request an intake form and submit it by mail or email. An attorney can help you file — but many people file on their own.
Step 4: Know Your Federal Options Too
In addition to California state law (FEHA), federal law (Title VII of the Civil Rights Act) also prohibits employment discrimination. The federal process is separate from the state process.
Federal: EEOC Process
You file a charge with the EEOC, which investigates and may attempt to resolve the case. You receive a right-to-sue letter. You have 300 days from the date of discrimination to file.
State: CRD Process
You file a complaint with CRD, which investigates. You receive a right-to-sue letter. You have 3 years from the date of discrimination to file.
Important: Many discrimination claims are filed with both agencies. You can pursue both state and federal claims. The longer deadline under California law makes state claims the priority, but federal claims can sometimes succeed where state claims face obstacles.
Step 5: Consult an Employment Attorney
The best time to talk to an employment attorney is as soon as you think you might have a case. Early legal advice can protect your rights, guide your documentation, and prevent mistakes.
What to know about employment attorneys:
- ✓Contingency fees: Most employment attorneys work on contingency — you pay nothing unless you win. If you win, the employer typically pays your attorney's fees.
- ✓What to bring: Bring any documentation you have: emails, performance reviews, written complaints, witness names, dates of incidents. If you don't have much yet, that's fine — explain what happened.
- ✓What to expect: A good attorney will explain California law, FEHA, and your options. They'll ask detailed questions about what happened. They'll be honest about the strength of your case.
- ✓Ask about experience: Ask if they've handled discrimination cases before. Ask about their track record. Specialization matters.
Step 6: Common Mistakes That Hurt Your Case
Even well-intentioned people can make mistakes that damage their discrimination claims. Avoid these:
Waiting too long to report or document
The longer you wait, the harder it is to remember details and prove what happened. Memories fade. People move on. File the CRD complaint within a few months of the discrimination, not years later.
Quitting without consulting an attorney
If you resign, it can look like you chose to leave rather than being forced out by discrimination. You may lose claims. Always consult an attorney before resigning due to discrimination.
Not documenting in writing
Verbal reports to HR are easy to deny. Written documentation (email, text, photos) is evidence. Always get it in writing.
Destroying emails or messages
Once you know you have a claim, do not delete anything. Destroying evidence is a crime and will destroy your case. Save everything.
Signing a severance agreement without legal review
Severance agreements often include a release of all claims — if you sign without an attorney reviewing it, you give up your right to sue. Never sign without an attorney's approval.
Talking about your case on social media
Employers monitor social media. Anything you post can be used against you. Keep your case confidential.
Let Us Guide You Through the Process
If you've experienced discrimination at work, contact Shirian Law. We know the reporting process inside and out. Free consultation, no fee unless you win.