Introduction: Understanding CRD’s Role
The California Civil Rights Department (CRD) is the state agency empowered to investigate complaints and help you seek justice for cannabis discrimination under AB 2188.
The Three-Year Statute of Limitations
You have three years from the date of the discriminatory act to file a complaint with the CRD.
Step-by-Step CRD Complaint Process
Step 1: Determine Your Eligibility
-Confirm employer has 5+ employees
-Verify you’re not in an exempt category
-Confirm discrimination occurred on or after January 1, 2024
Step 2: Gather Critical Documentation
–Drug test results (critical what was detected?)
-Termination notice
-Employee handbook and drug policy
-Communications about termination
Step 3: Choose Your Filing Method
- Online: California Civil Rights System (CCRS)
- By Mail: Download the intake form from calcivilrights.ca.gov
- By Phone:800-884-1684 (Toll-Free)
Possible Outcomes After Investigation
From CRD FAQ: “If CRD finds reasonable cause that the employer broke the law, it may:
-Require parties to go to mediation
-File a lawsuit on behalf of the worker
Possible Remedies:
-Forcing the employer to change its practices or policies
-Getting the worker hired or re-hired
-Requiring the employer to undergo training
-Damages (money) for emotional distress
The Right-to-Sue Letter
You can request an immediate Right-to-Sue letter to proceed directly to court. Once received, you have one year to file a civil lawsuit.
Disclaimer: This article provides general information and should not be considered legal advice. Consult with an employment attorney about your specific situation.
If you have been terminated or penalized by your employer for off-duty marijuana use, please call our marijuana assistance hotline at (949) 620-0718.
