How Does DFEH/CRD Mediation Work for California Employment Discrimination Claims?

The California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH), administers a free mediation program for employment discrimination complaints filed under the Fair Employment and Housing Act (FEHA), Government Code $12940 et seq. After a complaint is filed and the CRD determines it has jurisdiction, the parties are offered the opportunity to participate in mediation before the complaint is investigated. The CRD mediator is a neutral state employee. Mediation at the CRD stage is voluntary and confidential. If mediation is successful, the parties sign a settlement agreement that is enforceable as a contract. If mediation fails, the CRD proceeds with its investigation. Once the CRD issues a right-to-sue notice, the complainant may file a civil action in superior court, where the case is subject to the court's ADR program. California's FEHA is broader than federal law in several respects: it covers employers with five or more employees (vs. 15 under Title VII), has a longer statute of limitations (three years from the unlawful practice, extended from one year in 2020), and provides for unlimited compensatory and punitive damages. Confidentiality provisions in FEHA settlement agreements are now restricted by Code of Civil Procedure $1001 (effective 2019) for claims involving sexual harassment, assault, or discrimination.