Disclaimer: The information in this article is provided for general informational and educational purposes only and is not a substitute for professional legal advice. This material may not reflect the most current legal developments, and the interpretation of the law is subject to revision. Nothing contained on this site is intended to provide legal advice or to create an attorney-client relationship. Do not act or refrain from acting based on this information without seeking professional legal counsel. The use or reliance on any information contained on this site is solely at your own risk.
For a business owner in San Diego County—whether you are in biotech in Sorrento Valley, logistics in Otay Mesa, or hospitality in the Gaslamp—receiving a formal complaint from the California Civil Rights Department (CRD) is a serious and stressful event.
This letter, from the agency formerly known as the DFEH, means a current or former employee has filed a formal charge against your company, alleging discrimination, harassment, or retaliation. This action initiates a formal administrative process with specific local logistics that every San Diego employer should understand.
This guide answers the most common, location-specific questions that San Diego business owners have when they receive a CRD complaint.
“I’ve Received a CRD Complaint. Where is the San Diego CRD Office?”
This is the first question most San Diego employers ask, and the answer is a critical logistical point: the state’s Civil Rights Department (CRD) does not have a primary investigative office in San Diego County.
Your case will almost certainly be assigned to an investigator at the CRD’s Riverside Regional Office or Los Angeles Regional Office. This means all communication, including the submission of your formal response, will be handled remotely with that assigned office.
It is also important not to confuse the state Civil Rights Department (CRD) with the county Community Resource Directory (CRD), which is a separate program run by the San Diego Probation Department. The complaint you’ve received is from the state agency, which is the investigative body that enforces the Fair Employment and Housing Act (FEHA).
What Are the Immediate, Non-Negotiable First Steps?
Receiving the complaint triggers several immediate, critical obligations. Missteps in the first 48 hours can create new legal liabilities.
- Do Not Retaliate: Your first instinct may be anger or frustration. However, firing, demoting, cutting the hours of, or otherwise punishing the employee who filed the complaint is illegal retaliation. Filing a complaint with the CRD is a “legally protected activity”. Retaliation is a separate, and often easier-to-prove, claim that can make a weak case suddenly very strong and very expensive.
- Notify Your EPLI Carrier: A CRD complaint is a formal “claim” that triggers your Employment Practices Liability Insurance (EPLI). Nearly all EPLI policies are “claims-made,” meaning you must report the claim within the same policy period you receive it. Delaying notification to your insurance broker could give the carrier a basis to deny coverage, leaving you to pay all defense costs out-of-pocket.
- Issue a Formal “Litigation Hold”: From the moment you receive the complaint, you have a legal duty to preserve all “potentially relevant” information. You must immediately instruct your team to suspend all routine document destruction policies. This includes preserving all emails, text messages, Slack/Teams chats, personnel files, and performance reviews related to the complaint.
- Engage Local San Diego Counsel: A CRD complaint is a legal event. You need an attorney who not only understands employment law but understands the San Diego legal landscape. A local lawyer will be familiar with the San Diego plaintiff’s bar, the judicial tendencies at the downtown courthouse, and the local employment law community. Your counsel will establish an attorney-client privilege to conduct a confidential investigation into the facts of the case.
The First Strategic Choice: The San Diego Mediation Landscape
Along with the complaint, the CRD will offer its free, voluntary mediation program. This is the first major strategic fork in the road, and the choice is not as simple as it appears.
Path 1: The CRD’s Mediation Program The CRD’s Dispute Resolution Division (DRD) runs this program. The benefits are clear: it is free for both parties, and participating pauses (or “tolls”) the 30-day deadline to file your formal response.
However, there are two critical factors to discuss with your counsel:
- Confidentiality: While the mediation discussions are confidential, the CRD’s official policy states that “in general, DRD settlement agreements cannot be made confidential“. The terms of the settlement will likely be a public record.
- Affirmative Relief: You cannot just “write a check.” The CRD requires that all mediated settlements include some form of “affirmative relief,” which is a non-monetary commitment such as agreeing to conduct new anti-harassment training or revise your employee handbook.
Path 2: The Private San Diego ADR Alternative An alternative path, often considered by San Diego employers, is to use a private mediator. San Diego has a very active, robust, and highly-respected community of private mediators and Alternative Dispute Resolution (ADR) providers. The primary, critical advantage of this route is that a privately mediated settlement agreement can be kept entirely and strictly confidential. This is a key strategic consideration that you must discuss with your attorney.
What if a Lawsuit is Filed? The San Diego Courthouse Explained
In many cases, the CRD will close its investigation and issue the complainant a “Right-to-Sue” notice. It is essential to understand that this is not a finding of innocence. It is simply the “ticket” the employee needs to file a civil lawsuit in court.
For a San Diego County business, this lawsuit has a specific destination: the San Diego Superior Court, Central Division.
While the county has courthouses in Vista, El Cajon, and Chula Vista, these locations primarily handle specific types of cases or restraining orders. All unlimited civil cases—which include virtually all employment discrimination and harassment lawsuits—are handled at the downtown courthouses:
- Hall of Justice (Civil Business Office / New Filings) 330 W. Broadway, San Diego, CA 92101
- Central Courthouse (Main Civil Courthouse) 1100 Union Street, San Diego, CA 92101
Your legal defense strategy will be built with the judges, procedures, and jury pools of these specific courthouses in mind.
Are the Stakes Really That High in San Diego?
Yes. The CRD is active in San Diego County and has pursued numerous actions against local employers. These are not just “LA” or “Bay Area” problems.
In February 2024, the CRD announced a $37,500 age discrimination settlement against North Star Gas, Ltd., a San Diego-based company. The settlement resolved allegations that the company terminated a truck driver because of his age. This followed other CRD actions, including a lawsuit filed in San Diego Superior Court against a Wingstop franchise for religious discrimination and a settlement with a San Diego credit union over disability discrimination.
Your Next Steps
Receiving a CRD complaint is a serious legal event that initiates a process with specific local procedures. The team at Nowland Law has spent over 20 years defending California businesses and navigating the CRD process. If you have received a complaint, do not wait. Contact our offices at (949) 221-0005 to schedule a consultation.