At the DFEH, there are two courses of action available to the employee:

1. File a claim with the DFEH, and ask the agency to conduct its own investigation and make a finding; or
2. File a claim with the DFEH, and ask for a "Right to Sue" authorization letter from the DFEH in order to proceed directly to Superiou Court in California to file a lawsuit for damages. If a "Right to Sue" authorization letter is requested, the DFEH will close its file and issue the "Right to Sue" letter usually within 14-21 days.

Before an employee can sue an employer in Superior Court in California for discrimination or harassment, the employee MUST file a claim with the DFEH and obtain the "Right to Sue" authorization from the DFEH.

The DFEH uses: (1) a one-page form called "Complaint of Discrimination Under the Provisions of the California Fair Employment and Housing Act"; and, (2) a one-page "Right to Sue Complaint Information Sheet". Local offices may have additional requirements/variations in procedure, so check with the local office.

To download and save a WordPerfect 11 version of the "Complaint of Discrimination" form, click here
To download and save a WordPerfect 11 version of the "Right to Sue Complaint Information Sheet" form, click here.
[You can call (707) 693-0400 if you have any problems with the downloads.]

The forms are signed under penalty of perjury. Separate forms should be filed for the company and for each individual against whom a claim is being made.

DFEH claim form(s) can be filed by mail or in person; however, it is best to file claim form(s) in person to avoid any problems/confusion, and to obtain file-stamped copies of the filing(s) from the DFEH. The DFEH has a toll-free phone number to make appointments: (800) 884-1684 [TDD (800) 700-2320]

There are deadlines for filing a claim:

1. A claim with the DFEH MUST be filed within one year of the date of the act of discrimination or harassment;
2. However, a claim with the US Equal Employment Opportunity Commission ("EEOC") MUST be filed within 180 days of the act of discrimination or harassment. [Please refer to: How to File a Claim with the EEOC ]. Accordingly, it is a safer practice to use the 180 day deadline for determining when to file.

To be safe, it is best to avoid delay and file a claim at the earliest opportunity.

Once the DFEH closes its file and issues its "Right to Sue" authorization, a lawsuit in Superior Court in California MUST be filed no later than one year from the date that the DFEH closed its file.

Office hours for the DFEH are M-F 8:30 AM to 5:00 PM.

There are 11 DFEH offices in California; if a local phone number (listed below) does not answer, or you are unsure of which office to call, then call (800) 884-1684 [TDD (800) 700-2320] . The California DFEH office locations are:

Bakersfield Office
1001 Tower Way, Suite 250
Bakersfield, CA 93309
Phone: 805-395-2729

Fresno Office
1900 Mariposa Mall, Suite 130
Fresno, CA 93721
Phone: 209-445-5374

Los Angeles Office
611 West Sixth Street, Suite 1500
Los Angeles, CA 90017
Phone: 213-439-6799

Oakland Office
1515 Clay Street, Suite 701
Oakland, CA 94612
Phone: 510-622-2941

Sacramento Office
2000 "O" Street, Suite 120
Sacramento, CA 95814
Phone: 916-445-5523

San Bernardino Office
1845 S. Business Center Drive, Suite 127
San Bernardino, CA 92408
Phone: 909-363-4373

San Diego Office
350 West Ash Street, Suite 950
San Diego, CA 92101
Phone: 619-645-2681

San Francisco Office
455 Golden Gate Ave, Suite 7600
San Francisco, CA 94102
Phone: 415-703-4175

San Jose Office
111 North Market Street, Suite 810
San Jose, CA 95113
Phone: 408-277-1277

Santa Ana Office
28 Civi Center Plaza, Suite 538
Santa Ana, CA 92701
Phone: 714-558-4266

Santa Barbara/Ventura Office
1732 Palma Drive, Suite 200
Ventura, CA 93003
Phone: 805-654-4514

For more detailed information, see the California Depatment of Fair Employment and Housing website