While employers are required to address sexual harassment, victims often need to file a claim with the California Civil Rights Department (CRD) when an employer does not adequately address the situation. However, due to complex sexual harassment laws and filing deadlines, many victims are left wondering how to file a CRD (DFEH) sexual harassment complaint in San Diego County. A San Diego sexual harassment attorney can help.

What Is the CRD?

The CRD, formerly known as the Department of Fair Employment and Housing (DFEH), is a California agency that enforces state laws regarding discrimination and harassment. The CRD protects employees of most public and private employers, such as the U.S. Navy, Kaiser Permanente, or the University of California, San Diego.

One of the main laws the CRD is responsible for enforcing is the Fair Employment and Housing Act (FEHA). When it comes to sexual harassment, this law states:

• Employers must respond to internal complaints of sexual harassment or a hostile work environment.
• Employers can be held liable in a San Diego County sexual harassment claim when they fail to take action to prevent or stop sexual harassment.
• Employers must not retaliate against an employee for reporting, filing a claim, or participating in an investigation of sexual harassment.

The CRD categorizes sexual harassment into two main types. The first is a hostile work environment case, which involves unwanted or pervasive behavior that makes it uncomfortable, unsafe, or impossible for a victim to complete their job duties. Unwanted touching or inappropriate sexual comments are some examples. In 2024, there were 6,787 hostile work environment employment right-to-sue complaints.

The second type of sexual harassment case the CRD handles is quid pro quo harassment. This type of case involves another party requesting sexual favors in exchange for benefits such as a promotion or raise, or to avoid negative penalties such as being fired or a negative performance review. In 2024, there were 2,730 quid pro quo right-to-sue complaints.

Steps to Take to File a Sexual Harassment Case With the CRD

If you have experienced sexual harassment, it is important to be careful about your next steps. There are strict sexual harassment laws when it comes to filing deadlines or requirements. Missing a key step could make it difficult to move forward with your sexual harassment case. If you hire a sexual harassment lawyer, they can provide case-specific guidance.

Step One: Gather Relevant Information and Evidence

Before filing your complaint, you should collect any information that may support your claim. The more documentation you have, the easier it may be to establish the facts of your case. Helpful evidence may include:

• Records detailing the incidents of harassment, including dates, times, locations, and people involved
• Emails, text messages, or other written communications
• Performance evaluations, employment records, and other documents related to your case
• Copies of complaints made to HR or your management
• Witness names and contact information

Sometimes a company’s human resources department does not take a complaint seriously, leaving the victim unsure of what to do next.

Step Two: Submit a CRD Intake Form

The complaint process with the CRD usually starts by submitting an intake form that provides the CRD with information about yourself, your employer, and what you have experienced. You can attach the evidence you collected in step one to support your complaint. In most workplace sexual harassment cases, you have three years from the date of harassment to submit this form. California gives victims a certain number of years to file a claim, and missing that deadline can end the case.

Step Three: Complete the CRD Intake Interview

Sometimes, the CRD schedules an interview after reviewing an inquiry. During this interview, you have an opportunity to explain your case and provide additional details. A CRD representative can use this additional information to decide whether the CRD has jurisdiction over your case.

Step Four: Obtain a Complaint Form to Initiate a Claim Against Your Employer

If the CRD accepts your case, they can provide you with a formal complaint that you can review and sign. Once signed, your complaint is officially filed. This initiates the full investigation process with the CRD, and your complaint form can be served to your employer.

Step Five: Comply With the Investigation

Once your complaint has been filed, the CRD may investigate the complaint. This often involves interviewing witnesses, analyzing employment records, and reviewing other evidence from your workplace.

This is the last major step before resolving the case. If it is determined during the investigation that the case is not in the CRD’s jurisdiction or there is insufficient evidence, it may be dismissed. However, if evidence is found, it can be used to prove that your employer violated sexual harassment laws and to push for remedies.

Choose Jimenez Loayza, APC

At Jimenez Loayza, APC, we have helped countless employees push back against employers who permit, ignore, or initiate instances of workplace sexual harassment. We are focused on taking cases to trial to ignite change in your workplace and raise the standard for other employers. Although awards are not guarantees of future results, our attorneys have both been selected as Rising Stars in employment litigation by Super Lawyers. They stand poised to hold your employer accountable.

FAQs

What Evidence Do I Need to Report Harassment?

To succeed in a San Diego County sexual harassment claim, you need sufficient evidence to prove that harassment occurred, that your employer failed to address the harassment, and what damages you have suffered as a result. The specific evidence can vary, but it often includes a log of the instances of harassment, records of digital communications, witnesses, internal reports, or surveillance camera footage.

Can the CRD Deny a Sexual Harassment Case?

Yes, the CRD can deny a sexual harassment case. The CRD only accepts complaints that are within its jurisdiction, which is why they carefully review cases during the filing process. A complaint may be outside the department’s jurisdiction if it does not involve a violation of the civil rights laws that the CRD enforces, if there is insufficient evidence, or if the statute of limitations has expired.

Why Should You Hire a Lawyer During the CRD Filing Process?

A sexual harassment attorney in San Diego, California can help you verify that your complaint is accurately prepared and filed. A lawyer can help you gather supporting evidence that proves that your claim is in the CRD’s jurisdiction and has sufficient proof to move forward. They can also communicate on your behalf with the CRD and your employer.

What Things Are Considered Sexual Harassment By the CRD?

The CRD considers sexual harassment to be unwanted or pervasive conduct or sexual conduct in exchange for employment benefits. This often includes unwelcome sexual advances, requests for sexual favors, inappropriate touching, sexual comments, offensive jokes, or unwanted messages. Verbal sexual harassment is the most common type of harassment, experienced by 78% of women and 29% of men.

Hire a Sexual Harassment Lawyer From Jimenez Loayza, APC

Contact us today to set up a free case consultation with a San Diego County sexual harassment attorney.