California employees and job applicants alleging employment discrimination may file complaints with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH). The CRD is responsible for enforcing the laws outlined in the Fair Employment and Housing Act (FEHA).
For employers, California CRD complaint defense should begin with proper preparation—before a complaint is filed. If a complaint is filed against your company, how you proceed and respond can significantly impact the trajectory and resolution of the claim.
An experienced employer defense attorney, like Susan R. Rodriguez at the Law Offices of Susan A. Rodriguez in Los Angeles, can help your business prevent CRD complaints, investigate and respond to them effectively and appropriately mitigate related damages.
California CRD Complaint Defense: Preparing Your Response
When an employer receives notice from the CRD that an employment discrimination complaint has been filed against them, the notice will specify the timeframe required for response. This period is usually 30 days. It is imperative that the employer quickly begins gathering information, investigating the allegations and preparing a thorough, accurate response to the complaint.
Investigating a California CRD Complaint
The CRD will perform an investigation to determine if the employer has violated FEHA laws, but the employer should begin the process of responding to a CRD complaint with its own investigation. The first step is to review the complaint and allegations made, as well as the laws the plaintiff claims were violated.
During an internal investigation, the employer should gather and review documentation like employment policies and records, interview witnesses and compile an accurate account of the circumstances leading to the allegations.
To ensure the employer’s investigation is unbiased, it is ideal to have a third party, like a California employer defense attorney, lead or assist in the process. Keep in mind that an investigation performed without an attorney will not be protected by attorney-client privilege.
An experienced lawyer can also help ensure the investigation and interactions with the complainant and other employees are performed in a manner that does not compromise dispute resolution or potentially lead to allegations of retaliation or additional employment law violations.
Responding to a CRD Complaint in California
An employer’s formal response to a CRD complaint becomes a part of the record of evidence in the complaint and any legal actions that follow. It should clearly and comprehensively address the allegations and facts, providing supporting evidence and documentation. The response should be well-organized and clearly stated.
The employer’s response must be filed with the CRD within the timeframe specified in the complaint notice. This can be done by mail or online via the California Civil Rights System (CCRS).
Get Help from an Experienced Employer Defense Attorney
A California CRD complaint can result in various consequences for the employer. The company may have to pay monetary damages; hire, reinstate, promote or accommodate an employee or employees; enact policy changes or implement employee training programs.
Proper planning and preparation can mitigate employment discrimination claims. This doesn’t mean complaints will never be filed against you, but being proactive in policy development, record-keeping and documentation provides a much more solid ground for CRD complaint defense if and when allegations are made.
Susan Rodriguez is an employer defense attorney in Los Angeles. She has provided employers in Southern California with the legal counsel and representation they need for decades. If you need help with California CRD complaint defense or other employment law matters, get in touch with Susan by contacting the Law Offices of Susan A. Rodriguez, APC at (213) 943-1323 or completing this online contact form.
Posted by Susan A. Rodriguez, Esq.
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For legal advice, contact an attorney at the Law Offices of Susan A. Rodriguez, APC or an attorney actively practicing in your jurisdiction.
