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 10015 - Medical Information - Special Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a complaint includes allegations
				  that require the department to obtain and analyze medical information, such as
				  complaints alleging physical or mental disability discrimination, denial of
				  reasonable accommodation, pregnancy discrimination, and/or a violation of the
				  California Family Rights Act (Gov. Code, §
										12945.1 et
				  seq.), the complainant shall authorize the department in writing to request and
				  obtain copies of all directly relevant medical records or information
				  reasonably necessary to evaluate and prosecute the complaint.
(b) During the enforcement division's
				  investigation, all medical records the department obtains during the
				  investigation shall be maintained in a section of the case file clearly marked
				  "Medical Records" or otherwise designated as "Confidential."
(c) If a civil action is filed, all directly
				  relevant medical records or information reasonably necessary to prosecute the
				  civil complaint, if any, may be disclosed by the department when disclosure is
				  necessary to further prosecution and/or settlement of the claim.
(d) No medical records or information shall
				  be disclosed by the department in response to a request for public records made
				  pursuant to the California Public Records Act. (Gov. Code, §
										6254(c).)
(e) No medical records or information shall
				  be disclosed by the department in response to a third-party subpoena unless a
				  Notice to Consumer/Employee has been served on the complainant and there has
				  been no objection communicated to the department by the complainant or the
				  complainant's attorney. (Code. Civ. Proc., §§
										1985.3,
				  1985.6, and
				  2020.410.)
(f) The department shall abide by
				  complainant's attorney's requests to protect the privacy of complainant's
				  medical information. However, if the department is unable to obtain the medical
				  information and records it deems reasonably necessary to investigate and/or
				  prosecute a complainant's allegations, the department may discontinue the
				  investigation and close the complaint.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (c) 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 subsection (b)
					 filed 8-31-2017; operative 10-1-2017 (Register 2017, No.
					 35).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Board of Trustees v. Superior Court (1981) 119
						Cal.App.3d 516 [174 Cal.Rptr. 160] [discovery of private information requires
						direct relevance to claim]; Sections
						1985.3,
						1985.6
						and
						2020.410,
						Code of Civil Procedure; and Sections
						6253,
						6254(c),
						12930(f)(1),
						12940(a),
						12940(m),
						12945,
						12945.1,
						12945.2
						and
						12960(b),
						Government Code.