US-CaliforniaCan I sue my employer directly for discrimination under FEHA?
No, you cannot sue your employer directly for discrimination under FEHA without first filing a complaint with the California Civil Rights Department (CRD) and obtaining a Right-to-Sue Notice.
What the Law Says
The Fair Employment and Housing Act (FEHA) requires individuals to exhaust administrative remedies before filing a civil lawsuit for employment discrimination.
Under California Government Code § 12960, a person claiming employment discrimination must first file a verified complaint with the California Civil Rights Department (CRD), formerly known as the DFEH, within one year of the alleged unlawful practice.
The CRD then investigates the claim. If it decides not to prosecute the case, it issues a 'Right-to-Sue Notice' — only after receiving this notice may the individual file a lawsuit in court.
Filing suit before obtaining the Right-to-Sue Notice is procedurally defective and will result in dismissal.
Statutory TextAny person claiming to be aggrieved by an unlawful practice… may file with the department a verified complaint… within one year from the date upon which the alleged unlawful practice occurred.
— Gov. Code § 12960 — Filing of complaints
Statutory TextNo civil action may be brought in any court of this state… unless the department has issued a right-to-sue notice.
— Gov. Code § 12965, subd. (b) — Civil actions
What Courts Have Said
California courts consistently hold that failure to obtain a Right-to-Sue Notice before filing suit is a jurisdictional bar.
The court affirmed dismissal of a FEHA claim because the plaintiff sued before receiving the CRD’s Right-to-Sue Notice, holding that § 12965(b) is mandatory and jurisdictional.
Applying California law, the Ninth Circuit held that exhaustion of FEHA administrative remedies is a prerequisite to suit, and no equitable exception excuses missing the one-year CRD filing deadline.
What to Do
File a verified complaint with the California Civil Rights Department (CRD) within 1 year of the discriminatory act.
Cooperate with CRD’s investigation and wait for their decision.
If CRD closes your case or declines to prosecute, request and receive a Right-to-Sue Notice.
File your lawsuit in state court within 90 days of receiving the Right-to-Sue Notice.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.