How do I file a complaint if my employer denied me a job or promotion because of my credit history?
To file a complaint for being denied a job or promotion due to your credit history, you must first file a claim with the California Civil Rights Department (CRD). Here are the steps to take to protect your rights.
Step 1: Confirm Your Position is Protected
California law prohibits most employers from using a credit report for employment decisions. However, this protection does not apply to certain jobs, such as law enforcement, positions at financial institutions, or roles that require access to trade secrets, confidential information, or large sums of cash. Verify that your job or the one you applied for does not fall into one of these exempt categories.
Step 2: Gather All Relevant Documents
Collect all paperwork related to the job application and denial. This includes the job posting, your application, any written notice you received about the credit check, a copy of the credit report the employer used, and any emails, letters, or other communications you had with the employer about their decision.
Step 3: File a Complaint with the Civil Rights Department (CRD)
You must file a complaint with the CRD within three years of the date you were denied the job or promotion. You can start this process online at the CRD website (calcivilrights.ca.gov) by submitting a "Pre-Complaint Inquiry." An intake specialist will then contact you to discuss your case and help you file a formal complaint.
Step 4: Cooperate with the CRD Investigation
After you file, the CRD may investigate your claim. They might interview you and your employer and try to reach a settlement. You can also request an immediate "Right-to-Sue" notice from the CRD, which allows you to end their investigation and proceed with a private lawsuit.
Important Details and Nuances
Under California law, an employer must provide you with written notice before requesting your credit report. If they take adverse action based on the report, they must give you a copy of the report and a notice of your rights. Failure to do so is a separate violation.
Warnings and Limitations
The deadlines are strict. If you miss the three-year deadline to file with the CRD, you may lose your right to sue. Proving that your credit history was the specific reason for the denial can be difficult, making documentation very important.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney to discuss the specifics of your case.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Employment Law
Worker rights, wages, and employment regulations
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