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How to file a retaliation/discrimination complaint

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Who may file a retaliation/discrimination complaint?

Any employee or applicant for employment who believes he or she was discharged or denied employment or otherwise discriminated against in violation of any law under the jurisdiction of the labor commissioner may file a complaint with the labor commissioner. For a listing of laws enforced by the labor commissioner that specifically prohibit discrimination and retaliation against employees and job applicants, click here.

How am I protected if I file a retaliation/discrimination complaint?

As an employee in the State of California, you have the right to speak to representatives of the office of the California Labor Commissioner or any other government or law enforcement agency about any issues affecting your working conditions. Your employer cannot fire, demote, suspend or discipline you for answering any questions or providing any information to a government agency. For further information click on one of the following (acrobat small logo English / acrobat small logo Spanish / acrobat small logo Korean).

Division of Labor Standards Enforcement
Retaliation Complaint Investigation Unit
2031 Howe Ave., Ste. 100
Sacramento, CA 95825

Division of Labor Standards Enforcement
Retaliation Complaint Investigation Unit
605 W. Santa Ana Blvd. Bldg. 28, Room 625
Santa Ana, CA 92701

What is the time period for filing a retaliation/discrimination complaint?

A complaint alleging discrimination and/or retaliation in violation of the laws under the jurisdiction of the labor commissioner must be filed within six months after the occurrence of the alleged discriminatory and/or retaliatory action except, for complaints filed under Labor Code sections 230(c) (one year), 230.1 (one year), 1197.5 (no later than two years after the cause of action occurs), and Health and Safety Code section 1596.88 (not later than 90 days after action as to which complaint is made).

What are the Labor Commissioner's procedures for handling a retaliation/discrimination complaint?

Click here (acrobat English) (acrobat Spanish) (acrobat Chinese) (acrobat Korean) to download a pamphlet that describes the Labor Commissioner's procedures for handling a retaliation/discrimination complaint.

How do I file a retaliation/discrimination complaint?

  • Download, complete, and print the Retaliation Complaint, DLSE Form RCI 1 (acrobat English / acrobatSpanish / acrobatChinese / acrobatKorean / acrobatVietnamese / acrobatTagalog). Please be sure to provide all information on the complaint form to avoid delay in the complaint process.
  • Please be sure to sign and date your complaint form.
  • Copies of any documents you have to support your complaint should be attached to the complaint form. Please DO NOT send originals as they may be lost or misplaced.

Where do I file my complaint?

For work performed Bakersfield North, please mail your completed, signed and dated complaint form to:

Division of Labor Standards Enforcement
Retaliation Complaint Investigation Unit
2031 Howe Ave., Ste. 100
Sacramento, CA 95825

For work performed South of Bakersfield, please mail your completed, signed and dated complaint form to:

Division of Labor Standards Enforcement
Retaliation Complaint Investigation Unit
605 W. Santa Ana Blvd. Bldg. 28, Room 625
Santa Ana, CA 92701

The complaint form CANNOT be filed electronically or by fax. If your internet browser supports email of pages, DO NOT use this feature to submit your complaint form as an original signature is required. You MUST print and mail a copy of the completed and signed complaint form to the above address.