Discrimination and Retaliation Complaints

The CDSS Civil Rights Section is committed to ensuring applicants and participants in CDSS-funded, county-administered programs are treated fairly and equally. You may file a civil rights complaint if you believe you were discriminated or retaliated against by a county welfare department.

What is discrimination?

Discrimination is when someone treats you differently because of a characteristic that is protected by state and federal laws, like your race, religion, disability, or language. You can file a complaint if you believe your civil rights were violated by a county welfare department.

What is retaliation?

Retaliation is when a negative action is taken against you because you participated 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 part in an action that you are legally allowed to take part in. You can file a complaint if you believe you were retaliated against by a county welfare department.

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 website. 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 the 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 in writing, by phone, or by email.

You may use the CDSS “GEN 1179” Discrimination Complaint Form to submit your complaint, but you are not required to. The form cannot be filed online. The form is available in the following languages: English,Arabic,Armenian,Cambodian,Chinese,Farsi/Dari,Hindi,Hmong,Japanese,Korean,Lao,Mien,Portuguese, Punjabi,Russian,Spanish,Tagalog,Thai,Ukrainian, and Vietnamese.

To file your complaint with another state or federal agency, find contact information on this CDSS webpage, Referrals to Other Complaint Processes.

When can I file a complaint?

You have 180 days from the date of the alleged discrimination or retaliation to make a 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 entity 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, 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 for the agency that receives your complaint to share your information with the relevant state or federal agencies

If you are complaining about retaliation, your complaint must state the protected action or activity you took part in that was the basis of the county’s retaliatory action, and what their retaliatory action was.

You may also submit any evidence that supports your complaint, including documents, pictures, audio and/or video recordings, the names of witnesses, etc.

What programs fall under this complaint process?

Complaints about CDSS-funded, CWD-administered programs call under this complaint process. Programs include but are not limited to: CalFresh, CalWORKs, CAPI, Child Protective Services, Child Welfare 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 programs that are not CDSS-funded, including but not limited to Medi-Cal, Adult Protective Services (APS), Social Security, Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI), Unemployment and Disability Insurance, or General Assistance or General Relief (GA/GR). For referrals to other complaint processes, visit this CDSS webpage, Referrals to Other Complaint Processes.

Who can file a complaint with the CDSS Civil Rights Section?

• Applicants and participants of programs funded by CDSS, like CalFresh, CalWORKs, IHSS, CAPI, and Child Protective Services (see above for more information).
• Authorized representatives and/or another person you select 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 local county Civil Rights Coordinator or with CDSS. However, filing an anonymous complaint may limit your county’s ability to thoroughly investigate your concerns.

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 can include training staff or creating new policies to better serve applicants and participants in social services programs.

If there is an issue with your access to language access, reasonable accommodation, or auxiliary aids, filing a complaint will prompt your county Civil Rights Coordinator to look into this issue. They will work with you to resolve any violations of county policy, such as needing a change to your established accommodation or language services.

The civil rights complaint process cannot:

• Reinstate or increase benefit amount
• Increase IHSS service hours
• Reverse child protective services-related court orders or overturn decisions about parental custody
• Provide money compensation
• 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 in order to determine if an investigation is appropriate and/or necessary.

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 any employees you allege discriminated or retaliated against you.

After the investigation, the county will write an investigation report. The investigation report must address all issues raised in your complaint and determine whether discrimination or retaliation occurred. The CDSS Civil Rights Section reviews the county’s investigation report for compliance with civil rights laws and regulations.

When your complaint is closed, the county will provide you with the results in writing.

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. 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.

You may also be able to file an appeal with a federal agency. The county will provide you with the relevant contact information when 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 conduct investigations and will not investigate your complaint. The CDSS Civil Rights Section does not 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 and right to reasonable accommodation to participate in the complaint process.

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.

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

There are numerous referrals for other types of complaints on this website. For referrals to other complaint processes, visit this CDSS webpage, Referrals to Other Complaint Processes.