California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 8 - Discrimination Complaint Process › Section 64.5 - Requirements for Filing Discrimination Complaint with the SPB

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any complaint to the SPB alleging discrimination,
						harassment, retaliation, or denial of reasonable accommodation for a known
						physical or mental disability shall be subject to the following filing
						requirements:
(a) The complaint shall
					 be filed with the Appeals Division within 30 days of the date the appointing
					 power served its decision concerning the complaint of discrimination on the
					 Complainant. If the appointing power has failed to provide a decision to the
					 Complainant within 90 days of the complaint being filed, the Complainant may
					 file a complaint with the Appeals Division within 150 days of the date the
					 Complainant filed his or her complaint of discrimination with the appointing
					 power.
(b) The Complainant shall
					 submit to the Appeals Division a complaint and any attachments.
(c) The complaint shall be in writing, and
					 shall:
(1) identify the facts that form the
					 basis for the complaint, including, but not limited to the specific protected
					 classification or activity as set forth in sections
					 19701 or
					 19702 of
					 the Government Code; all discriminatory acts experienced by the Complainant,
					 including the date that each act occurred; the name and job title of each
					 person who allegedly subjected Complainant to each discriminatory act; and all
					 information that the Complainant possesses that shows that the complained of
					 employment action(s) were the result of discriminatory conduct;
(2) identify all Respondents known to the
					 complainant (i.e. the appointing power as well as all state employees alleged
					 to have discriminated against the complainant), and identify the business
					 address of each Respondent named as a party to the complaint. Unless the
					 complainant names some other known Respondent, the Complainant's appointing
					 power shall be considered the sole Respondent;
(3) attach a copy of the Complainant's
					 complaint of discrimination filed with the appointing power, together with a
					 copy of the decision or other response of the appointing power to the
					 complaint. If the appointing power failed to provide the Complainant with a
					 written decision or other response to the discrimination complaint within the
					 time period set forth in section
					 64.4, the Complainant shall so
					 state in the complaint;
(4) specify
					 the relief and/or remedies sought by the Complainant; and
(5) be limited to a maximum of 15 pages of
					 double-spaced typed or printed text. Additional pages may be allowed upon a
					 showing of good cause. The Complainant shall submit a separate document with
					 the complaint stating the reasons for good cause. The 15 page limit does not
					 apply to any documents attached to the complaint pursuant to the requirements
					 of subdivisions (3) of this section, or any other exhibits.