California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 1 - Employment, Unruh Civil Rights Act (CIV. Code, Section 51 et seq.), Ralph Civil Rights Act (CIV. Code, Section 57), and Disabled Persons Act (CIV. Code, Section 54 et seq.) Complaints › Section 10007 - Intake

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To determine
				  whether the department has jurisdiction over the conduct about which a person
				  seeks to complain, or the respondent against whom the person seeks to file a
				  complaint, the department shall screen pre-complaint inquiries requesting
				  investigation by conducting an intake interview.
(b) The department shall provide persons who
				  file a pre-complaint inquiry with a confirmation of the receipt of their
				  inquiry. The department will contact persons who have filed a pre-complaint
				  inquiry to conduct or schedule an intake interview.
(c) Persons for whom an intake appointment
				  has been made should prepare to provide the department, where relevant, with
				  the following information at the intake interview:
(1) the name and, where available, the
				  address, telephone number, and e-mail address of the person seeking to file the
				  complaint;
(2) the name, address
				  and, where available, telephone number and e-mail address of the entity or
				  person against whom the individual wishes to file a complaint. If applicable,
				  the number of individuals employed by the entity or person against whom the
				  individual wishes to file a complaint also shall be provided;
(3) the name of the employer, if applicable,
				  as it appears on the most recent U.S. Internal Revenue Service form W-2 the
				  person received, against whom the person wishes to file a complaint;
(4) the name and, where known, home address,
				  telephone number, e-mail address, and job title of any person against whom the
				  individual wishes to file a complaint of discrimination;
(5) each protected basis upon which the
				  discriminatory conduct about which the person wishes to complain was
				  based;
(6) the discriminatory
				  conduct or treatment the person experienced and the date or dates such
				  discriminatory conduct or treatment occurred;
(7) for retaliation complaints, the protected
				  activity in which the person engaged and the date of the protected
				  activity;
(8) the reason the person
				  believes the conduct experienced was discriminatory and, if applicable, the
				  name, address, telephone number, e-mail address and job title of any individual
				  the employer treated more favorably;
(9) the name, address, telephone number,
				  e-mail address and job title of each individual believed to have relevant
				  information regarding the complaint of discrimination and a brief
				  summary/description of the information;
(10) whether the person has filed a complaint
				  with the EEOC;
(11) the following
				  additional information may be relevant for employment discrimination
				  complaints:
A. date of hire or application for
				  job at issue;
B. job title and rate
				  of pay at time the discriminatory treatment or conduct occurred;
C. name and title of immediate supervisor or
				  interviewer;
D. if employment was
				  terminated, name of replacement and the replacement's protected basis, if any,
				  where known;
E. if employment was
				  terminated or prospective employer failed to hire, whether other employment was
				  subsequently obtained and if so, the date of hire, job title, and rate of pay
				  of replacement job;
F. If not hired
				  for desired position:
a. how information about
				  available position and rate of pay was obtained;
b. whether application for desired position
				  was made orally or in writing;
c.
				  name and/or job title of person to whom application was submitted or made and
				  date of application;
d. date and
				  manner in which decision not to hire was communicated; and
e. name and rate of pay, if known, of person
				  hired for desired job.