California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Section 10001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Civil Action"
				means the type of proceeding brought by the department pursuant to sections
				12965 and
				12981 of
				the Government Code.
(b)
				"Complainant" means a "person," as that term is defined by Government Code
				section
				12925(d)
				or
				12927(g),
				who files a complaint with the department alleging that the person has been
				aggrieved by a practice made unlawful by any law the department
				enforces.
(c) "Complaint" means a
				complaint filed with the department alleging that a "person," as that term is
				defined by Government Code section
				12925(d),
				or class or group of persons, has been aggrieved by a practice made unlawful by
				any law the department enforces. "Complaint" also means the charging document
				filed by the department pursuant to sections
				12965 and
				12981 of
				the Government Code.
(d)
				"Conciliation" means bringing two opposing sides together to reach a compromise
				in an effort to resolve a complaint filed with the department, which includes
				pre-determination settlement negotiations and post-investigation conciliation
				and/or settlement conferences conducted by the department's enforcement
				division.
(e) "Department" means
				the Department of Fair Employment and Housing (DFEH) and includes any officer,
				employee, or other individual delegated any function, power, or duty of the
				department.
(f) "Departmental
				appeal" means a verbal or written appeal or request made to the department by a
				complainant or respondent seeking reconsideration of the department's
				determination regarding a complaint filed with the department.
(g) "Director" means the Director of the
				Department of Fair Employment and Housing and includes any officer, employee,
				or other individual delegated any function, power, or duty of the
				director.
(h) "Dispute Resolution
				Division" means the division of the department that employs trained neutrals to
				mediate complaints filed with the department when the parties to a complaint
				agree to mediate ("voluntary mediation"), or when the department requires
				parties to a complaint to mediate before the department files a civil action
				("mandatory dispute resolution"). The dispute resolution division is separate
				from the department's enforcement and legal divisions. It may utilize
				volunteers as well as dispute resolution division staff to facilitate
				communication between parties to assist them in attempting to reach a mutually
				acceptable settlement agreement.
(i) "District Administrator" means any
				employee, officer, or other individual delegated the authority to supervise the
				staff and day-to-day operations of a department district, satellite, or
				regional office.
(j) "EEOC" means
				the United States Equal Employment Opportunity Commission.
(k) "Enforcement Division" means the division
				of the department responsible for filing, investigating, and conciliating
				complaints alleging a practice made unlawful by any law the department
				enforces.
(l) "HUD" means the
				United States Department of Housing and Urban Development.
(m) "Legal Division" means the division of
				the department responsible for issuing and prosecuting civil complaints
				alleging a practice made unlawful by any law the department enforces.
(n) "Pre-complaint inquiry" means the initial
				request to have the department investigate allegations that a "person," as that
				term is defined by Government Code section
				12925(d)
				of these regulations, or class or group of persons, may have been aggrieved by
				a practice made unlawful by any law the department enforces.
(o) "Pre-determination" means the department
				has not yet determined whether a complaint has merit under the relevant legal
				standard.
(p) "Protected basis"
				means any basis or characteristic upon which discrimination is prohibited by
				the FEHA, the Unruh Civil Rights Act (Civ. Code, §
									51), the Ralph Civil Rights Act
				(Civ. Code, §
									51.7), or any other law the
				department enforces.
(q) "Regional
				Administrator" means any employee, officer, or other individual delegated the
				authority to supervise the staff and operations of a department regional office
				or multiple district or satellite offices.
(r) "Respondent" means an entity or person
				alleged to have committed a practice made unlawful by a law the department
				enforces and against whom a complaint has been filed with the department or
				civil action has been filed.
(s)
				"Verified complaint" means a complaint submitted to the department with the
				complainant's oath or affidavit stating that to the best of the complainant's
				knowledge, all information contained in the complaint is true and correct,
				except matters stated on information and belief, which the complainant believes
				to be true. A complaint must be verified prior to investigation by the
				department.
1. New section
				  filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2.
				  Repealer of subsections (a) and (s), new subsections (b) and (p), subsection
				  relettering, amendment of subsections (l), (n), (t) and (u) 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, including
				  amendment of subsections (b) and (d), transmitted to OAL 4-20-2015 and filed
				  6-2-2015; amendments effective 6-2-2015 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2015, No. 23).
4. Repealer of subsections (a), (l) and
				  (o), new subsection (h), subsection relettering, amendment of newly designated
				  subsections (b), (o) and (s) and amendment of NOTE filed 8-31-2017; operative
				  10-1-2017 (Register 2017, No. 35).
Note: Authority cited: Section
					 12930(e),
					 Government Code. Reference: Section
					 446,
					 Code of Civil Procedure; Sections
					 12901-
					 12903,
					 12925,
					 12927,
					 12930-
					 12932,
					 12940,
					 12950,
					 12955-
					 12956,
					 12960,
					 12961,
					 12963.1(a),
					 12963.7,
					 12964,
					 12965,
					 12971,
					 12980-
					 12981,
					 12984-
					 12989.3
					 and
					 12995,
					 Government Code.