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What Is the Difference Between California’s EEOC and the DFEH?

The Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH) both help California residents to take action if they have been victimized by unlawful discrimination. However, the DFEH has actually been renamed and is now called the California Civil Rights Department (CRD)

You typically must exhaust administrative remedies before you can file a lawsuit based on unlawful workplace discrimination, which means making a claim with either the EEOC or the DFEH/CRD first. 

Yadegar, Minoofar & Soleymani, LLP can help you to understand how to work with these agencies, what each one does for you, and what the best option is for pursuing your claim.

Read on to learn more about the difference between the EEOC and the DFEH (now the CRD), or give us a call to schedule a free consultation with an LA County employment discrimination lawyer to find out details about how we can help you. 

What Are the EEOC and the DFEH?

The Equal Employment Opportunity Commission is a federal agency that enforces federal prohibitions against employment discrimination found in Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal Pay Act.

The EEOC may investigate if you make a complaint, and can mediate a dispute between you and your employer if you choose to pursue an administrative resolution. In some cases, the EEOC also files federal lawsuits. 

The CRD (which was formerly called the DFEH) enforces state laws against discrimination in California, which generally provide much broader protection.

While federal laws typically apply to companies with 15 or more employees, state laws in California typically apply to employers with 5 or more employees in the case of discrimination, or any employees at all in the case of harassment in Los Angeles, CA.

What Is the Difference Between the EEOC and the DFEH?

Since state law provides broader protection against discrimination, one of the biggest differences between the EEOC and the DFEH relates to the situations when each agency has jurisdiction over a complaint.  

The DFEH (now CRD), for example, would be the right place to turn if your employer is a smaller one or if you are making a claim based on gender identity or sexual orientation, as state protections based on gender identity and orientation are stronger. 

The CRD and EEOC also have different timelines for filing complaints and your complaint is processed by whichever agency you file with, although it may be dual filed with the other agency if your discrimination is covered by both federal and state law. 

When you file your complaint, you may be able to ask for an investigation or for a right to sue. An experienced employment attorney at Yadegar, Minoofar & Soleymani, LLP can help you to determine which option is best and can work with you to ensure that you meet all deadlines for filing complaints with the relevant agency and ultimately moving forward with a civil claim. 

Contact a Los Angeles Employment Law Attorney Today

If you have been the victim of discrimination or wrongful treatment at work and you need help with an EEOC complaint or a CRD complaint, Yadegar, Minoofar & Soleymani, LLP is here for you. Give us a call today to schedule a free consultation with a California employment lawyer at our firm to find out how we can help.