The Difference Between California’s EEOC and DFEH

Both the EEOC and the DFEH exist to protect employees from workplace discrimination, harassment, and retaliation. The EEOC enforces federal laws, while the DFEH enforces California’s stronger and more expansive state laws. 

What Is the EEOC?

The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal workplace discrimination laws. It covers violations under:

• Title VII of the Civil Rights Act: Protects against discrimination based on race, color, religion, sex, or national origin.
• Americans with Disabilities Act (ADA): Protects employees with disabilities.
• Age Discrimination in Employment Act (ADEA): Protects workers aged 40 and older.
• Equal Pay Act: Requires equal pay for equal work regardless of gender.

The EEOC investigates charges, mediates disputes, and may file lawsuits in federal court. Federal law generally applies to employers with 15 or more employees (20 for age discrimination claims).

What Is the CRD (formerly DFEH)?

California’s Civil Rights Department (CRD), previously called the Department of Fair Employment and Housing (DFEH), enforces state laws that protect employees from discrimination, harassment, and retaliation. The main law it enforces is the California Fair Employment and Housing Act (FEHA). FEHA provides broader protections than federal law. Key differences include:

• Applies to employers with five or more employees for discrimination cases, and one or more employees for harassment claims.
• Prohibits discrimination based on categories not always covered under federal law, such as marital status, gender identity, sexual orientation, and medical condition.
• Provides remedies in state court, including back pay, reinstatement, damages for emotional distress, and attorney’s fees.

The CRD also handles cases involving housing discrimination, hate violence, and public accommodation, giving it a wider reach than the EEOC.

Key Differences Between EEOC and CRD

Although both agencies protect employees, they differ in scope and process.

Jurisdiction:

• EEOC enforces federal laws nationwide.
• CRD enforces California laws within the state.

Coverage:

• EEOC applies mostly to employers with 15 or more workers.
• CRD covers smaller employers, sometimes with just one employee.

Protected categories:

• EEOC enforces protections for race, religion, sex, disability, age, and national origin.
• CRD protects all of those plus categories like gender identity, sexual orientation, medical condition, and ancestry.

Filing deadlines:

• EEOC complaints usually must be filed within 300 days of the violation in California.
• CRD complaints must be filed within three years of the violation.

Remedies:

• EEOC cases may lead to federal lawsuits and damages under federal law.
• CRD cases may lead to state lawsuits with broader remedies, including damages for emotional distress.

Work-Sharing Agreement

The EEOC and CRD have a work-sharing agreement. This means that if you file a complaint with one agency, it can be “dual filed” with the other. Employees do not have to file with both separately. Which agency investigates depends on the details of the case. If the case involves a large national employer and primarily federal issues, the EEOC may take the lead. Whereas, if the case involves California-specific protections or a smaller employer, the CRD may handle it.

Does It Matter Which Agency I File a Claim With?

Choosing between the EEOC and CRD can affect the remedies available, the size of the employer covered, and the timeline for filing. California workers often benefit from filing with the CRD because it provides broader protections and longer filing deadlines. However, in some cases, pursuing a claim through the EEOC may open access to federal court and remedies under federal statutes. An experienced Orange County employment lawyer can help you determine which agency to file a claim with, and they will fight for the maximum compensation available under the law. Contact Aegis Law to discuss your legal options today.