Dual filing

What it is

Dual filing means a charge filed with the EEOC or with a state or local Fair Employment Practices Agency (FEPA) is treated as filed with both. The EEOC and many FEPAs, including California's Civil Rights Department, have worksharing agreements. Under them, the EEOC says, a charge filed with either agency is also automatically filed with the other, protecting the charging party's rights under federal and state law.

The rule

Dual filing preserves the EEOC charge deadline, generally 300 days in California, and the state complaint at the same time. Usually one agency investigates while the other defers. There is an important California exception: when a person obtains an immediate right-to-sue notice from the CRD, the CRD does not file the complaint with the EEOC, and a federal right-to-sue must be obtained from the EEOC directly. When a charge is filed concurrently with both agencies and the CRD defers the investigation to the EEOC with a right-to-sue notice, the one-year FEHA filing deadline is tolled until the federal right-to-sue period expires or one year from the CRD notice, whichever is later (Government Code section 12965(e)).

Why it matters to a plaintiff firm

Firms sometimes assume a CRD filing protects federal claims. With an immediate right-to-sue, it does not. If federal claims matter, the firm files with the EEOC (which dual-files to the CRD) or files a separate EEOC charge within 300 days. The EEOC charge deadlines guide covers the timing.