How to File a Discrimination or Retaliation Complaint
The Civil Rights Section makes sure that all applicants and participants receive equal access to programs for which CDSS has oversight authority (“covered programs”). You may file a civil rights complaint if you believe a county welfare department discriminated or retaliated against you in a covered program.
Covered programs include but are not limited to: CalFresh, CalWORKs, Cash Assistance Program for Immigrants (CAPI), Child Protective Services, Child Welfare Services, In-Home Supportive Services (IHSS), Refugee Cash Assistance (RCA)/Entrant Cash Assistance (ECA), Trafficking Crime Victims Assistance Program (TCVAP), and some housing/homelessness programs.
We cannot accept complaints about the following programs: Medi-Cal, Adult Protective Services (APS), Social Security, Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI), Unemployment Insurance (UI), State Disability Insurance (SDI), General Assistance/General Relief (GA/GR), and others. For referrals about these programs, see our Referrals to Other Complaint Processes webpage.
What is discrimination?
Discrimination is when someone treats you differently because of a characteristic that is protected by state and federal laws and regulations, like your race, religion, disability, or language. You can file a complaint if you think your civil rights were violated by a county welfare department.
What is retaliation?
Retaliation is when negative actions are taken against you for participating in a legally protected activity, like making a complaint or requesting a state hearing. County welfare departments cannot retaliate against you for filing a civil rights complaint or for taking other action that you are legally allowed to take. You can file a complaint if you think a county welfare department retaliated against you.
How can I file my complaint?
There are several ways to file your complaint.
- Contact your County's Civil Rights Coordinator. Find their contact information on the County Civil Rights Coordinator Directory. You can submit your complaint in writing, by phone, or by email.
- Ask any county employee for assistance filing a complaint. They can give you a copy of a complaint form, write down your complaint for you, or give you contact information for your county's Civil Rights Coordinator.
- Contact the CDSS Civil Rights Section. You can submit your complaint in writing, by phone, or by email.
You may use the CDSS Discrimination Complaint Form (“GEN 1179”) to submit your complaint, but you are not required to. The form cannot be filled online. The form is available in the following languages: English,اللغة العربية (Arabic),Հայերեն (Armenian),ភាសាខ្មែរ (Cambodian),中文 (Chinese),فارسی/دری (Farsi/Dari),हिंदी (Hindi),Hmoob (Hmong),日本語 (Japanese),한국어 (Korean),ພາສາລາວ (Lao),,Iu Mienh (Mien),Português (Portuguese), ਪੰਜਾਬੀ (Punjabi),русский язык (Russian),Español (Spanish),Tagalog (Tagalog),ไทย (Thai),українська мова (Ukrainian), and Tiếng Việt (Vietnamese).
To file your complaint with another state or federal agency, see our Referrals to Other Complaint Processes webpage.
When can I file a complaint?
You have 180 days from the date you believe you experienced discrimination or retaliation to file your complaint. Contact the CDSS Civil Rights Section if you wish to file a complaint about events that happened more than 180 days ago.
What information do I need to provide in my complaint?
You must give the following information in your civil rights complaint:
- Name of the agency or department that discriminated or retaliated against you
- Program name (such as CalFresh or CalWORKs)
- Date of discrimination or retaliation
- Protected characteristic (such as race, religion, disability, primary language, etc.)
- Harm or negative impact that you experienced
- “Nexus” or connection between the protected class and the harm (in other words, explain why you believe you experienced negative treatment based on your protected characteristic)
- Your consent or agreement to share your complaint information with necessary state or federal agencies
Retaliation complaints must also state what protected action you took that led to the county's retaliatory action, and what their retaliatory action was.
You may submit any evidence supporting your complaint, including documents, pictures, audio and/or video recordings, and witness names.
Who can file a complaint with the CDSS Civil Rights Section?
- Applicants and participants of CDSS covered programs, like CalFresh, CalWORKs, IHSS, CAPI, and Child Protective Services (see above for more information)
- Someone you select and authorize to help you with your complaint
- Parents and legal guardians making complaints on behalf of their minor children
Can I file an anonymous complaint?
Yes. You may file your complaint anonymously with your county Civil Rights Coordinator or with CDSS. However, your county may not be able to fully investigate your concerns because their understanding of your information will be limited.
What resolutions are available using this complaint process?
If discrimination and/or retaliation is discovered during an investigation, the county welfare department will take steps to resolve the problem. This may include training staff or creating new policies to better help applicants and participants.
If you have a problem with language assistance, reasonable accommodations, or auxiliary aids, filing a complaint will cause your county Civil Rights Coordinator to look into the issue. They will work with you to fix any violations of county policy. This could include changing your established accommodation or language services.
The civil rights complaint process cannot:
- Start benefits or services
- Give you money
- Increase benefit amount
- Increase IHSS service hours
- Reverse child protective services court orders or change decisions about parental custody
- Reverse a State Hearings decision
- Reassign your social worker
- Discipline or terminate a county staff person's employment
- Stop a fraud investigation and/or reverse a fraud investigation determination
What happens after I file my complaint?
Depending on how you file your complaint, either the CDSS Civil Rights Section or county civil rights staff will contact you. They may request more information from you about your complaint to determine if an investigation is appropriate and/or necessary. They will inform you in writing if your complaint will be investigated or not.
What happens during a civil rights investigation?
If your complaint is investigated, the county will interview you about your complaint. You can inform the county if you prefer a phone or in-person interview.
During the investigation, the county will also interview employees you allege discriminated or retaliated against you. The county will also review documents and records. The investigation will determine whether discrimination or retaliation occurred.
After the investigation, the county will write an investigation report. The investigation report must address all issues raised in your complaint. The investigation report must explain the county's final determination about your complaint. The CDSS Civil Rights Section reviews the county's investigation report to make sure it follows civil rights laws and regulations.
The county will provide you with the investigation results in writing after your complaint is closed.
Who investigates civil rights complaints?
County Civil Rights Coordinators and investigators conduct civil rights investigations. County Civil Rights Coordinators and investigators are neutral fact-finders. Your complaint will not be investigated by anyone who was involved in the alleged discrimination, supervises an employee that was involved with the alleged discrimination, or has another conflict of interest.
What if I disagree with the county's decision about my discrimination complaint?
You can file an appeal with the CDSS Civil Rights Section if you disagree with the county's decision about your complaint (including their decision not to investigate your complaint). You must contact the CDSS Civil Rights Section within 30 days of the date of the written letter informing you about the outcome of your complaint. You may file an appeal by mail, email, or phone.
Depending on the program and protected characteristics in your complaint, you may also be able to file an appeal with a federal agency. The county will provide you with the necessary information after your complaint is closed.
Can the CDSS Civil Rights Section investigate my complaint or represent me during the complaint process?
No. The CDSS Civil Rights Section does not perform investigations and cannot investigate your complaint. The CDSS Civil Rights Section cannot represent anyone in the discrimination complaint process. There are no exceptions to this policy.
What are my rights during the complaint process?
You have the right to be represented or have counsel present during the interview. You must obtain your own representation or counsel.
You also have the right to language services, auxiliary aids or services, and reasonable accommodation to participate in the complaint process.
How do I check on a civil rights complaint I already filed?
Contact your County Civil Rights Coordinator to check on the status of your complaint.
What do I do if my issue is not related to discrimination or is not within CDSS' authority?
For referrals to other complaint processes, see Referrals to Other Complaint Processes.