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 10009 - Drafting Complaints Filed for Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall draft the language
				  of each complaint filed for investigation on a complaint form prescribed by the
				  department. The complaint shall contain all the information identified in
				  section
				  12960(b)
				  of the Government Code, and section
				  10007 of these regulations, and set
				  forth the allegations in ordinary and concise language of the department's
				  choosing, identifying in the body of the complaint material dates, the name and
				  job title of each individual responsible for the alleged unlawful employment
				  practices, and the manner in which they are responsible. Such individuals shall
				  be identified in the body of the complaint regardless of whether they are named
				  as respondents or personally liable for their conduct under the laws the
				  department enforces. The department shall liberally construe the facts alleged
				  by a complainant when drafting a complaint and include all relevant claims
				  supported by the facts alleged.
(b)
				  The department may omit a complainant's address, telephone number, and e-mail
				  address on any complaint alleging that the complainant has been subjected to
				  violence or threats of violence including, but not limited to, sexual
				  assault.
(c) Once drafted, a
				  complaint may be verified by a complainant in person or sent to the complainant
				  for verification via U.S. mail, private carrier mail, facsimile transmission,
				  e-mail, or other electronic means. When requested in writing by an attorney or
				  advocacy organization representing the complainant, the drafted complaint shall
				  be sent to the attorney or advocacy organization for review and to obtain the
				  complainant's verification.
(d) The
				  filing date of a complaint shall be the date a DFEH office receives a verified
				  complaint, regardless of whether the complaint is verified by the complainant
				  in the office or the complaint is verified elsewhere and transmitted to the
				  office via United States (U.S.) mail, electronically, private carrier mail
				  (e.g., FedEx), facsimile, or hand delivery. Where a complainant cannot verify a
				  complaint for investigation before the applicable statute of limitations runs,
				  the department shall file the unverified complaint and accept it as received
				  before the statute of limitations runs. Notwithstanding the foregoing, the
				  department shall obtain a verified complaint before it is served.
(e) No complaint may be filed after the
				  expiration of one year from the date upon which the alleged unlawful practice
				  occurred, except that this period may be extended as set forth in section
				  12960(d)
				  of the Government Code and section
				  10018 of these
				  regulations.
(f) Any complainant,
				  complainant's attorney or advocacy organization may propose modifications to
				  the unverified complaint. The department shall consider the proposed
				  modifications and, if accepted, draft a new complaint which may be verified by
				  a complainant in person or sent to the complainant for verification. When
				  requested by an attorney or advocacy organization representing the complainant,
				  the modified complaint shall be sent to the attorney or advocacy organization
				  for review and to obtain the complainant's verification. When modifications are
				  not accepted, the department shall notify the complainant and the complainant's
				  attorney or advocacy organization, if any, of the reasons for rejection and
				  send to the complainant via U.S. mail, facsimile transmission, e-mail, or other
				  electronic means another copy of the original complaint for
				  verification.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (a), new subsections (d)-(e),
					 subsection relettering and amendment of NOTE filed 10-27-2014 as an emergency;
					 operative 10-27-2014 (Register 2014, No. 44). A Certificate of Compliance must
					 be transmitted to OAL by 4-27-2015 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed 6-2-2015
					 (Register 2015, No. 23).
4. Amendment of subsections (c), (d) and
					 (f) filed 8-31-2017; operative 10-1-2017 (Register 2017, No.
					 35).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						52(f)
						and
						54.3(b),
						Civil Code; and Sections
						12930(f)(1)-(2),
						12948,
						12960(b)
						and
						12960(d),
						Government Code.