Discrimination and Retaliation Complaints

The California Department of Social Services (CDSS) is committed to ensuring applicants and recipients in its programs or entities are treated fairly and equally. The CDSS Civil Rights Unit (CRU) oversees compliance with civil rights laws and regulations of CDSS funded programs and entities that are administered by California county welfare departments. A primary duty of the CRU is to receive and assess discrimination and retaliation complaints. We oversee all discrimination and retaliation complaints regarding CDSS funded public assistance and social service programs administered through county welfare departments. Common covered programs include CalFresh, CalWORKs, IHSS, and CPS. CRU does not represent individuals filing complaints.

How to File a Discrimination or Retaliation Complaint

Frequently Asked Questions about Discrimination and Retaliation Complaints

What is Discrimination?

Discrimination happens when someone treats a person or group of people differently because of their personal characteristics recognized by state and federal laws, like their race or religion. These legally protected characteristics are referred to as a protected basis or protected class. State and federal laws may recognize different classes or bases. These classes or bases are protected under California law (this list does not reflect all protected classes or bases and does not guarantee that all these classes and bases are protected in every situation): race, color, national origin, ancestry, sexual orientation, marital status, religion, age, sex, political affiliation, domestic partnership, ethnic group identification, disability, medical condition, genetic information, gender identity, gender expression, citizenship, primary language, and/or immigration status.

Discrimination can occur when the person being discriminated against and the person who is discriminating are in the same class or group (same race, color, gender, sexual orientation, etc.).

Discrimination can also occur if someone is treated unfairly because either they know someone or are associated with someone that has a protected characteristic or part of a protected class.

Discrimination can also occur when someone is treated unfairly because they are thought to have a particular protected characteristic when in fact they do not. For example, someone is treated unfairly based on a perceived disability, even though that person is not actually disabled.

County Welfare Departments must provide services and benefits to applicants and recipients of social services benefits in a non-discriminatory way, including services and benefits provided by the Department of Social Services. Below are examples of discrimination at County Welfare Departments.

An example of disability discrimination is when a County Welfare Department does not provide a reasonable accommodation for a person with a disability. This may include not providing a screen reader to a person applying for a program who has low vision or is blind; or not providing an accommodation for a person that states they have a cognitive disability and needs extra time or extra help to complete a form. Under California law, disability is defined as a physical or mental impairment that limits a major life activity. Major life activities include, but not limited to, reading, walking, completing a form, filling out paperwork, or taking care of oneself.

An example of national origin (or language) discrimination is when a county welfare department fails to offer an interpreter to a non-English speaking person.

An example of gender identity discrimination is when a county welfare department continually mischaracterizes a person’s preferred gender expression after telling the county their gender identity.

If you have a question about which protected class or basis applies or are unsure if you are covered, please contact us: CDSS Civil Rights Unit.

Who can file a Discrimination or Retaliation Complaint?

The following may file a complaint with the CDSS Civil Rights Unit:

1. Applicants and/or recipients of programs funded by CDSS.
   • Examples of CDSS funded programs include CalFresh, CalWORKs, IHSS, CAPI, Child Protective Services, and other programs funded by CDSS and listed on CDSS’ program webpage. We cannot accept complaints for programs that are not CDSS funded. Common programs that are not funded by CDSS and that we do not have authority over include Medi-Cal/Medi-Care; Adult Protective Services (APS); Social Security/Supplemental Security Income/Social Security Disability Insurance; Unemployment and Disability Insurance; or General Assistance or General Relief (GA/GR). For referrals in these areas, see FAQ below, “Where do I go if my complaint or issue is not related to discrimination or if it is not within CDSS’ authority?”
   • If you have a question about whether a program is CDSS funded, please contact us: CDSS Civil Rights Unit.
2. Authorized representatives and/or representative third-parties that an applicant/recipient chooses to complain on their behalf.
3. Parents and legal guardians making complaints on behalf of their minor children, though some exceptions may apply).

The CDSS Civil Rights Unit does not accept complaints by employees of a county welfare department, including social workers and IHSS providers, among others. For referrals in these areas, see FAQ below, “Where do I go if my complaint or issue is not related to discrimination or if it is not within CDSS’ authority?”

What resolutions are available using this complaint process?

If discrimination and/or retaliation is discovered during an investigation, the County Welfare Department is required to create a corrective action plan to resolve the problem that was discovered and to create a plan or policy so the same issue does not happen again. This can include training staff or creating new policies to better serve applicants and recipients of social services benefits.

The CDSS Civil Rights Unit’s discrimination complaint process is not designed to do the following:

1. Reinstate or increase benefit amount
2. Increase IHSS service hours
3. Reverse child protective services-related court orders or overturn decisions about parental custody
4. Provide money compensation
5. Reverse a State Hearings decision
6. Reassignment of your social worker
7. Discipline or terminate a county staff person’s employment
8. Stop a fraud investigation, and/or reverse a fraud determination

How do I check on a civil rights complaint I already filed?

Please contact your County Civil Rights Coordinator for updates on an existing complaint.

What happens after I file a civil rights complaint?

When you file a complaint, depending on how you file, either the CDSS Civil Rights Unit or county civil rights program staff will contact you. More information may be requested from you about your complaint in order to determine if an investigation is appropriate and/or necessary.

If your complaint does not require an investigation, you will be informed about this in writing within 40 days of when your complaint was received. If your complaint requires an investigation, county civil rights program staff will investigate your complaint within 60 days of when the complaint was received. The CDSS civil rights unit does not investigate discrimination complaints. The CDSS civil rights unit reviews investigations conducted by the county’s civil rights program staff for compliance with civil rights laws and regulations.

Investigations:

If an investigation is necessary, a neutral county employee will investigate the complaint. Investigators are neutral, meaning they were not involved in the alleged discrimination, do not supervise an employee that was involved with the alleged discrimination, or do not have a conflict of interest in carrying out their regular duties or responsibilities within the county. (See FAQ above, Who Investigates Civil Rights Complaints?).

The investigator will then schedule an interview with you. The interview must be in-person unless you and the investigator mutually determine it is not necessary or practical. You have the right to be represented or have counsel present during the interview. You must obtain your own representation or counsel.

During the investigation, the investigator will interview any employees you allege discriminated against you. The investigator will review any evidence you have, including documents, pictures, audio and/or video recordings, the names of witnesses you identify, etc.

You are protected from retaliation for filing a discrimination complaint. See FAQ above, What Is Retaliation?

After the investigation, the investigator writes an investigation report. The investigation report must address all issues raised in the complaint and determine whether discrimination occurred. The investigation report is then sent to the CDSS Civil Rights Unit for our review, to be sure that the investigation was completed based on our regulations, and that the report outcomes comply with civil rights laws and regulations. The CDSS Civil Rights Unit must approve the investigation report before the case can be closed by the county welfare department.

Once the investigation report is approved by the CDSS Civil Rights Unit, you will receive a letter explaining the evidence the investigator reviewed, the outcome of the investigation, whether discrimination happened, and if so, what the county welfare department plans to do to correct the issues.

Does the CDSS Civil Rights Unit represent me during the complaint process?

No. The CDSS Civil Rights Unit does not represent anyone in the discrimination complaint process. The CDSS Civil Rights Unit is also unable to appoint a representative for you. You must find your own representation or counsel. If you need information to help you search for a representative, please contact the CDSS Civil Rights Unit.

What happens if I disagree with the County’s decision about my discrimination complaint?

You have several options if you disagree a County Welfare Department’s decision about your discrimination complaint.

For all programs, if you disagree with a County’s decision regarding your discrimination complaint (including if the County did not investigate your complaint), you may challenge the decision (called an appeal) by contacting 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 either by mail, email, or over the phone.

If you disagree with the County’s decision regarding discrimination in the CalFresh program based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity, you may appeal to the Office of the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. You must do so within 90 days of the date of the written letter informing you about the outcome of your complaint. To appeal a decision, write to:

U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights, Mail Stop 9410
1400 Independence Avenue S.W., Room 1330, South Building
Washington, DC 20250
SM.OASCR.ProgramAdjudication@usda.gov

For programs other than CalFresh, you have the right to file a civil rights complaint based on race, color, national origin, disability, age, or sex (including pregnancy, sexual orientation, and gender identity) with the U.S. Department of Health and Human Services Office for Civil Rights electronically through the Office for Civil Rights Complaint Portal or by mail or phone. Complaints must be filed within 180 days of the date of discrimination. To file your complaint, contact:

U.S. Department of Health and Human Services
Office of Civil Rights
200 Independence Avenue, S.W. Suite 515F, HHH Building
Washington, DC 20201
(800) 368-1019, (800) 537-7697 (TDD)
OCRMail@hhs.gov
Complaint forms are available online.

What if I have a discrimination complaint against the County Civil Rights staff handling my complaint?

In these situations, another County Welfare Department staff person who is neutral will handle your discrimination complaint. This means the employee was not involved in the alleged discrimination, does not supervise an employee that was involved with the alleged discrimination, or does not have a conflict of interest in carrying out their regular duties or responsibilities within the county. See FAQ above, “Who Investigates Civil Rights Complaints?”

Can I file a complaint anonymously?

Yes, you can file your complaint anonymously (meaning you do not have to disclose your name or identifying information). It is important to know, however, that this might make it difficult or impossible to investigate your complaint.

Where do I go if my complaint or issue is not related to discrimination or if it is not within CDSS’ authority?

There may be many options for you, depending on the type of complaint or issue you have. Many people who contact our office have common complaints or issues.

Please see below for a list of referrals for common issues or complaints that are not within our authority to handle:

1. If you have questions about general assistance or general relief benefits or to file a discrimination complaint about these programs, you may contact your local county welfare office.
2. If you have questions about your benefits, want to request a new worker, or would like to file a customer service complaint, you may contact your local county welfare department.
3. If you would like to file a civil rights complaint, or other complaint, on behalf of an IHSS caregiver / provider, you may contact your local county welfare department.
4. If you have questions about a state hearing or need to request a hearing, you may contact the State Hearings Division at 1-800-743-8525 or visit the State Hearings Request and Appeals Case Management System page for additional information. Why Request a Hearing: If you have applied for, have received, or are currently receiving benefits/services from an assistance program listed below and you receive a Notice of Action from a County or a letter from Covered California denying or reducing your benefits, or you turned in an application or other information and the county or Covered California did not act on it, you can ask for a State Hearing.
5. If you have questions related to food assistance benefits, you may call the CalFresh benefits help line at 1-877-847-3663. You may also apply online on the CalFresh page.
6. If you have questions about Medi-Cal or health care benefits, you may visit the Department of Health Care Services (DHCS). If you would like to file a Medi-Cal discrimination complaint, you may call the DHCS Office of Civil Rights at (916) 440-7370 or visit the DHCS Office of Civil Rights page for additional information.
7. For discrimination complaints related to housing, employment, or business establishments, you may contact the California Department of Fair Employment and Housing (DFEH) at 800-884-1684 (voice), 800-700-2320 (TTY). You may also visit the DFEH page for additional information.
8. If you have questions or would like to file a complaint about your unemployment benefits or other supportive services, you may call 1-800-480-3287 or visit the Employment Development Department (EDD) page for additional information.
9. If you have questions about social security benefits, supplemental security income (SSI), social security disability insurance (SSDI), Medicare, or your social security card, you may contact the Social Security Administration.
10. If you have questions or inquiries regarding your rights under Adult Protective Services, you may call (800) 884-1684 or visit Your Rights Under Adult Protective Services.
11. To report suspected IHSS fraud, you may contact the IHSS Fraud Hotline at 1-800-822-6222.
12. To report suspected Child Abuse or Neglect, you may visit the CDSS Report page for a list of county hotlines.
13. To obtain legal assistance and/or to learn about your rights in other areas (ex. immigration, family law, restraining orders, landlord/tenant, employment, etc.), you may consider visiting LawHelpCA.
14. To learn about other social services programs and services offered by CDSS, please visit the CDSS Home Page.
15. If you have questions about your rights or what you should do if you think your rights have been violated, you may contact your local county welfare office or the CDSS Public Inquiry and Response Unit at PIAR@dss.ca.gov. If you are an employee and require more information about your rights and/or to file a complaint, you should visit the U.S. Employment and Opportunity Commission or the California Department of Fair Employment and Housing.