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 10005 - Obtaining a Right-to-Sue Notice from the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person claiming to be aggrieved by an
				  employment practice made unlawful by the FEHA may forgo having the department
				  investigate a complaint and instead obtain an immediate right-to-sue notice. A
				  right-to-sue notice issued by the department shall state that the aggrieved
				  party may bring a civil action against the person or entity named in the
				  complaint within one year from the date of the notice.
(b) Once the department issues a right-to-sue
				  notice for a particular complaint, the department shall not investigate that
				  complaint. Notwithstanding the above, upon request by the complainant, the
				  department may in its discretion investigate a complaint where a right-to-sue
				  notice has already been issued if doing so would be consistent with section
				  10012(d). In such
				  cases, the original right-to-sue notice date shall remain in effect. Obtaining
				  an immediate right-to-sue notice and waiving the department's investigation is
				  advisable only if a complainant has been instructed by the complainant's
				  attorney to obtain a right-to-sue notice.
(c) An immediate right-to-sue notice may be
				  obtained by submitting a right-to-sue complaint via the department's automated
				  right-to-sue system accessible on the department's Web site at
www.dfeh.ca.gov
, U.S. mail, electronic
				  mail, facsimile, or in person.
(d)
				  To obtain an immediate right-to-sue notice via the department's automated
				  right-to-sue system or by submitting a completed right-to-sue notice packet to
				  the department, an aggrieved person shall file a right-to-sue complaint with
				  the department containing the following:
(1)
				  complainant's name and, where available, address, telephone number and e-mail
				  address;
(2) respondent's name,
				  address and, where available, telephone number and e-mail address. If
				  applicable, the job title and/or capacity in which the respondent is being
				  named also shall be included;
(3) a
				  description of the alleged act or acts of discrimination, harassment or
				  retaliation;
(4) the date or dates
				  each alleged act of discrimination, harassment or retaliation occurred,
				  including the date of the last or most recent alleged act;
(5) each protected basis upon which the
				  alleged discrimination or harassment was based;
(6) for retaliation complaints, the date and
				  type of protected activity in which the complainant engaged;
(7) the complainant's declaration, made under
				  penalty of perjury under the laws of the State of California, that to the best
				  of the complainant's knowledge all information stated is true and correct,
				  except matters stated on information and belief, which the complainant believes
				  to be true;
(8) the signature of
				  the complainant, or an authorized signature, and the date signed, unless the
				  complaint is filed electronically;
(A)
				  "Authorized signatures" includes the following:
(i) the signature of an attorney whom the
				  complainant has identified in writing as the complainant's legal
				  representative, licensed to practice law in the State of California;
(ii) the signature of any person other than
				  an attorney whom the complainant has identified in writing as a person
				  authorized to sign a complaint on the complainant's behalf;
(iii) the signature of a parent or legal
				  guardian who signs a complaint on behalf of a minor child; and
(iv) the signature of a direct relative
				  (parent, child, sibling, etc.) with an interest in the estate of a deceased
				  complainant or the executor of the estate of a deceased
				  complainant.
(9) complaints filed electronically need not
				  be signed; complaints filed electronically shall state that by submitting the
				  complaint, the complainant declares under penalty of perjury under the laws of
				  the State of California that to the best of the complainant's knowledge, all
				  information stated in the complaint is true and correct, except matters stated
				  on information and belief, which the complainant believes to be
				  true;