reglab/statecodes huggingface dataset:
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 10003 - Liberal Construction of Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department shall liberally construe all complaints to
					 effectuate the purpose of the laws the department enforces to safeguard the
					 civil right of all persons to seek, obtain and hold employment without
					 discrimination. Where the facts alleged in a discrimination complaint support a
					 claim of retaliation, harassment, or any other claim over which the department
					 has jurisdiction, the department shall construe the complaint to include those
					 claims within the scope of a discrimination claim, regardless of whether such
					 other claims are expressly stated. Likewise, where the facts alleged in a
					 harassment complaint support a claim of discrimination, retaliation, or any
					 other claim over which the department has jurisdiction, the department shall
					 construe the complaint to include those claims within the scope of the
					 harassment claim, regardless of whether such other claims are expressly
					 stated.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12920,
						12921(a),
						12930(f)(1),
						12960(b)
						and
						12993(a),
						Government Code.
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 10004 - Categories of Employment Discrimination Complaints Accepted by the Department for Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Complaint filed for investigation. The department shall only accept a complaint
				  for investigation where the conduct alleged, if proven, would be a violation of
				  a law the department enforces, the statute of limitations has not run (except
				  as otherwise provided in the FEHA or these regulations), and each named
				  respondent is an entity or person over whom the department has jurisdiction
				  under the laws the department enforces.
(b) Complaint taken for filing purposes only.
				  A complaint the department accepts for filing purposes only, which the
				  department does not investigate.
(c) Complaint filed to request an immediate
				  right-to-sue notice. A complaint, which the department does not investigate,
				  filed to request an immediate right-to-sue notice.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)(1)
						and
						12960(b),
						Government Code.
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 10006 - Filing a Complaint with the Department Alleging a Violation of the Unruh Civil Rights Act, Ralph Civil Rights Act, or Disabled Persons Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
				  claiming to be aggrieved by an alleged violation of the Unruh Civil Rights Act
				  (Civ. Code, §
										51 et seq.) (also known as a denial
				  of service or public accommodation discrimination), Ralph Civil Rights Act
				  (Civ. Code, §
										51.7) or Disabled Persons Act (Civ.
				  Code, §
										54 et seq.) may file a
				  pre-complaint inquiry for investigation with the department. The department's
				  procedures for processing employment discrimination complaints set forth in
				  these regulations also shall apply to complaints alleging a violation of the
				  Unruh Civil Rights Act, Ralph Civil Rights Acts or Disabled Persons Act (unless
				  the complaint also alleges housing discrimination over which HUD has concurrent
				  jurisdiction), except that the department shall not issue a right-to-sue notice
				  as none is required to file a civil action alleging a violation of the Unruh
				  Civil Rights Act, Ralph Civil Rights Acts or Disabled Persons Act.
(b) The department's procedures set forth in
				  these regulations for processing housing discrimination complaints dual-filed
				  with HUD shall apply to any Unruh Civil Rights Act, Ralph Civil Rights Act or
				  Disabled Persons Act complaint filed with the department alleging an unlawful
				  housing practice over which HUD has concurrent jurisdiction.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (a) 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).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						51,
						51.7,
						52(f),
						54 and
						54.3(b),
						Civil Code; and Sections
						12930(f)(2)
						and
						12948,
						Government Code.
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 10008 - Priority Intake

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  person who seeks to file a complaint for investigation whose statute of
				  limitations would run in thirty (30) days or less, or who seeks to file a
				  complaint for investigation alleging a violation of the Ralph Civil Rights Act,
				  or a person who is terminally ill, may be given priority for the purpose of
				  scheduling an intake interview.
(b)
				  The department may file a complaint for investigation without first obtaining
				  the complainant's verification of the complaint, when doing so is necessary to
				  avoid missing the statute of limitations for filing with the department.
				  Notwithstanding the foregoing, the department shall obtain a verification of a
				  complaint for investigation before the complaint is served.
(c) A person who seeks to file a complaint
				  for investigation with the department that alleges retaliation occurring within
				  one-hundred-eighty (180) days of the person's filing a prior complaint of
				  discrimination with the department, or within one-hundred-eighty (180) days of
				  that person's participation in an investigation conducted by the department,
				  may be given priority.
(d) Any
				  other person whose situation warrants a priority intake in the department's
				  discretion may be given priority for the purpose of scheduling an intake
				  appointment.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (c), repealer of subsection (d) and
					 subsection relettering 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 (a) and (b) 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),
						12940(h),
						12948,
						12960(b)
						and
						12960(d),
						Government Code.
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 10010 - Written Statement or Correspondence as Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the statute of limitations would
				  expire before an intake interview could be scheduled and completed for a
				  complaint filed for investigation, the department may promptly initiate and
				  conduct an intake interview by phone, without an appointment, or waive the
				  intake process and accept a complaint for investigation using a written
				  statement or correspondence from the complainant verified under penalty of
				  perjury. As long as the written statement or correspondence satisfies all the
				  requirements set forth in section
				  12960 of
				  the Government Code, and section
				  10002 of these regulations, alleges
				  a claim or claims over which the department has jurisdiction, and the statutory
				  deadline to file with the department is imminent, the department may accept
				  such a written statement or correspondence as a complaint for
				  investigation.
(b) The department
				  may accept a statement from a complainant's attorney as long as the complainant
				  has verified the statement of complaint or submits a signed statement
				  authorizing the attorney to verify the complaint on the complainant's
				  behalf.
(c) When intake has been
				  waived, an investigator shall interview the complainant as soon as practicable
				  after the complaint is filed and file an amended complaint on the form
				  prescribed by the department. If, during the interview, the complainant
				  presents new facts or raises new issues not included in the original complaint,
				  they may be included in the amended complaint as long as the new facts and/or
				  issues are based on or relate back to the facts stated in the original
				  complaint.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (a), repealer of subsection (b),
					 subsection relettering and amendment of newly designated subsection (b) 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.
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 10011 - Complaints Taken for Filing Purposes Only

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where the department rejects at intake
				  all or some of the allegations presented by a person who seeks to file an
				  employment discrimination complaint for investigation by the department, the
				  department shall explain the reasons for rejection and offer the person the
				  option of filing a complaint taken for filing purposes only. The department may
				  only reject an allegation if it is clear that the statute of limitations has
				  run and/or that the allegation, if proven, would not constitute a violation of
				  the FEHA.
(b) A complaint accepted
				  by the department for filing purposes only shall state the rejected
				  allegations, which shall not be investigated by the department. The department
				  may still dual-file the complaint with the EEOC. In the event that the
				  complaint is not dual-filed, the department shall give the complainant contact
				  information for the local EEOC office. Where a person rejects the department's
				  offer to take a complaint for filing purposes only, that person may request
				  that the department provide the reasons for rejection in writing, which the
				  department shall thereafter provide.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (b) 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: Sections
						12930(f)(1)
						and
						12960(b),
						Government Code.
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 10012 - Director's Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director, in his or her discretion,
				  may make, sign, and file a complaint for investigation that satisfies all the
				  requirements of section
				  12960 of
				  the Government Code.
(b) The
				  director, in his or her discretion, may file a complaint on behalf and as
				  representative of a group or class of persons adversely affected, in a similar
				  manner, by a practice made unlawful by a law the department enforces.
(c) Receipt of an individual complaint
				  alleging a pattern of discrimination, or a request or referral from a source
				  outside the department, including but not limited to other state or federal
				  agencies, may result in the filing of a director's complaint.
(d) Factors for determining whether to file a
				  director's complaint include, but are not limited to:
(1) whether the respondent employs a large
				  workforce that may be affected by the alleged unlawful practice, such that the
				  anticipated remedy would impact a large number of persons or an entire
				  industry; and/or
(2) whether the
				  complaint allegations address an important legal issue in an area where the
				  department seeks to establish case law; and/or
(3) whether resolution of the complaint would
				  impact civil rights in a manner consistent with the department's
				  mission.
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 10013 - Class or Group Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director or an aggrieved person may
				  file a complaint for investigation with the department on behalf of a group or
				  class of persons adversely affected, in a similar manner, by an alleged
				  unlawful practice.
(b) When an
				  aggrieved person wishes to file a class or group complaint, the department
				  shall obtain the following additional information, to the extent available,
				  from the person at intake:
(1) details
				  regarding the manner in which the alleged unlawful practice has adversely
				  affected other persons; and
(2) the
				  name, address, telephone number, e-mail address, and protected status of each
				  person besides the complainant adversely affected by the alleged unlawful
				  practice.
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 10014 - Retaliation Complaints - Special Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When retaliation is included among the
				  allegations a complainant makes at intake, and the department has determined
				  that it will accept the complainant's claims for investigation, all
				  allegations, including retaliation, shall be combined in one
				  complaint.
(b) When retaliation is
				  alleged after a complaint has already been filed with the department, and the
				  department has determined that it will accept the retaliation claim for
				  investigation, the department shall file a separate retaliation complaint,
				  except as follows:
(c) If the
				  one-year statute of limitations has run and the alleged retaliatory conduct is
				  the same conduct complained of in the original complaint (e.g., termination)
				  for which another discriminatory basis was originally alleged (e.g., national
				  origin discrimination), the department shall amend the original complaint
				  instead of taking a separate complaint.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)(1),
						12940(h)
						and
						12960(b),
						Government Code.
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 10016 - Standard for Accepting Complaint when Act of Harm Occurred Outside California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where all other jurisdictional requirements have been met
					 for filing a complaint for investigation with the department, the department
					 shall accept a complaint when the act of harm occurred outside California if a
					 connection can be established between the complainant and some act of the
					 respondent that occurred within California.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)(1)
						and
						12960(b),
						Government Code; Section
						410.10,
						Code of Civil Procedure; and Vons Companies, Inc. v. Seabest Foods, Inc. (1996)
						14 Cal.4th 434 [58 Cal.Rptr.2d 899].
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 10017 - Effect of Prior Waiver Agreement/Release of All Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where all other jurisdictional
				  requirements have been met for filing a complaint for investigation with the
				  department, the department shall accept a complaint where a complainant
				  presents at intake a signed waiver agreement or release of all claims. The
				  investigation shall initially focus on obtaining information necessary to
				  determine whether the complainant has validly waived the complainant's right to
				  file a complaint with the department. Such information shall include, but not
				  be limited to:
(1) a description of all
				  benefits received in exchange for signing the waiver;
(2) the amount of time the complainant was
				  given to consider the waiver before signing;
(3) whether the complainant was given the
				  opportunity to seek legal counsel before signing;
(4) whether the complainant sought legal
				  advice before signing;
(5) the
				  conditions under which the waiver was signed (e.g. whether the waiver was
				  signed in a non-coercive atmosphere); and
(6) whether the waiver was presented in a
				  language understood by the complainant and/or whether interpretative services
				  were provided.
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 10018 - Complaints Taken After Expiration of Statute of Limitations Due to Department Error

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The one-year time limit for filing a complaint of
					 discrimination with the department may be tolled in cases where the department
					 misleads the complainant about filing obligations, commits errors in processing
					 the complaint, or improperly discourages or prevents the complainant from
					 filing at all.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Section
						12960(d),
						Government Code; and Dept. Fair Empl. & Hous. v. Cairo (Jan. 6, 1984) No.
						84-04, FEHC Precedential Decs.1984-85, CEB 3 [1984 WL 54284
						(Cal.F.E.H.C.)].
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 10019 - Complaints Dual-Filed with the EEOC

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Complaints filed with the department that
				  include at least one claim over which the EEOC has concurrent jurisdiction
				  shall be dual-filed with the EEOC, but investigated by the department, unless
				  after preliminary investigation it is determined that the department does not
				  have jurisdiction (e.g., religious employer exempt from coverage under the FEHA
				  that is covered by Title VII of the 1964 Civil Rights Act.)
(b) The department shall not accept
				  complaints where the same protected bases, discriminatory acts, and allegations
				  are or have been included in a complaint the complainant previously filed with
				  the EEOC against the same respondent(s).
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)(1),
						12960(b) and
						12963.
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 10020 - Complaints Transferred to the EEOC for Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complaint for investigation filed with
				  the department by a person who alleges retaliation for filing a prior complaint
				  with the EEOC, or participating in an investigation conducted by the EEOC,
				  shall be waived to the EEOC for processing and immediately closed. Where the
				  EEOC does not have jurisdiction because the 300-day federal statute of
				  limitations has passed, the retaliation complaint shall be processed by the
				  department on a non-priority basis.
(b)
Mohasco Corp. v. Silver
(1980) 447 U.S.
				  807 [65 L.Ed.2d 532, 100 S.Ct. 2486]
				  (
Mohasco
) complaints:
(1)
				  Complaints over which the EEOC has concurrent jurisdiction that are filed with
				  the department between two-hundred-forty (240) and three-hundred (300) days of
				  the first alleged act of harm ("
Mohasco
time frames") shall be
				  waived to the EEOC for processing.
(2) All primary and co-respondent complaints
				  filed for investigation with the department that fall within the
Mohasco
time frames shall be waived to the EEOC for processing
				  and immediately closed. The department shall inform the complainant during
				  intake that the EEOC will decide whether it will proceed against the
				  co-respondents, if any.
(3)
				  Complaints that fall within the
Mohasco
time frames that
				  include claims over which the EEOC does not have concurrent jurisdiction shall
				  be accepted by the department as two separate complaints: One complaint shall
				  be taken that alleges all the claims over which the EEOC has concurrent
				  jurisdiction and shall be dual-filed and waived to the EEOC for processing;
				  another complaint shall be taken that alleges all claims over which the EEOC
				  does not have concurrent jurisdiction, which shall not be dual-filed and shall
				  remain with the department for investigation.
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 10021 - Service of Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Only verified complaints filed for
				  investigation with the department by complainants not represented by counsel
				  shall be served by the department. The department may, but is not required, to
				  also serve:
(1) verified complaints filed for
				  investigation with the department by complainants represented by
				  counsel;
(2) complaints accepted
				  only for filing purposes from complainants not represented by counsel;
				  or
(3) complaints accepted only for
				  filing purposes from complainants represented by counsel.
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 10022 - Amending Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department may amend an open
				  complaint of discrimination to:
(1) add bases
				  or allegations for which the statute of limitations has not run;
(2) add or delete facts or change the wording
				  of a complaint;
(3) cure technical
				  defects or omissions, including correcting a case number, address, or name of a
				  party;
(4) add new bases,
				  respondents, or complainants after the expiration of the one-year statute of
				  limitations where the amendment either relates back to the same material facts
				  set forth in the original complaint, or the original complaint contains
				  language that specifically references or identifies the bases, respondents, or
				  complainants to be added;
(5) add
				  an allegation of retaliation after the one-year statute of limitations has run
				  where the alleged retaliatory conduct is the same conduct complained of in the
				  original complaint (e.g., termination) for which another discriminatory basis
				  was originally alleged (e.g., national origin discrimination); and/or
(6) add class or group allegations to an
				  individual complaint and pursue the complaint as a class or group
				  complaint.
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 10023 - Response to Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless granted an extension by the
				  department, a written response to a complaint filed for investigation with the
				  department shall be provided to the department within thirty (30) days of
				  service of the complaint, except as follows: The requirement to provide a
				  response shall be temporarily suspended for any complaint referred to the
				  department's mediation division.
(b) No response to the complaint is required
				  while the complaint is pending in mediation. However, unless granted an
				  extension by the department, a response shall be provided to the department no
				  later than twenty-one (21) days after the date the department notifies the
				  respondent that a response is due because mediation was declined or was
				  unsuccessful. After the complaint is returned for investigation, the
				  enforcement division shall in writing notify the respondent or, if the
				  respondent is represented, the respondent's attorney, of the exact date the
				  response is due.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)-(g),
						12960(b)
						and
						12963,
						Government Code.
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 10024 - Conciliation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Conciliation
				  efforts undertaken by the department's enforcement division may include
				  post-investigation conciliation and/or settlement conferences as well as
				  pre-determination settlement negotiations. Whenever a complainant or respondent
				  is represented by an attorney or advocacy organization, enforcement staff shall
				  communicate with the party's attorney or advocate regarding
				  settlement.
(b) Pre-determination
				  settlement (PDS) negotiations are confidential; however, any settlement
				  agreement entered into as a result of PDS negotiations that is signed by the
				  department, as well as the terms of settlement, are not confidential.
(c) If the department determines after
				  investigation that a preponderance of evidence exists to prove a complaint's
				  allegations, both the complainant and respondent, as well as their respective
				  attorneys or advocates, if any, shall be invited to participate in a
				  conciliation or mediation conference on equal terms.
(d) Everything that transpires at a
				  post-investigation conciliation conference shall be kept confidential, except
				  as follows:
(1) issues established as fact
				  during the investigation;
(2) any
				  settlement agreement signed by the department, and the final terms of
				  settlement; and/or
(3) new facts
				  presented by the respondent at the conciliation conference that cause the
				  department to re-evaluate the case and determine not to file a civil action. A
				  respondent providing such information at a conciliation conference shall
				  authorize the department to use the information to close the
				  case.
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 10026 - Complaint Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After any employment discrimination
				  complaint alleging facts sufficient to constitute a violation of the FEHA is
				  filed for investigation with the department, the department shall initiate
				  prompt investigation thereof.
(b)
				  Where it is disputed or unclear that the department has jurisdiction over a
				  particular respondent or allegation, the investigation shall initially focus on
				  obtaining the information and documents necessary to determine whether the
				  department has jurisdiction.
(c)
				  During the course of its investigation the department may, but is not required,
				  to issue and serve investigative subpoenas, written interrogatories, and
				  requests for production of books, records and documents. If a person or entity
				  fails to comply with a subpoena, written interrogatories, or requests for
				  production of documents properly issued and served by the department, after
				  requesting compliance in writing and/or by telephone, the department shall file
				  a petition with the superior court, in accordance with section
				  12965.3 of
				  the Government Code, to compel compliance with its investigative
				  discovery.
(d) The department shall
				  gather during the course of an investigation all relevant evidence necessary to
				  determine whether an unlawful practice has occurred.
(e) Where relevant to a workplace
				  discrimination complaint, the department may obtain the complainant's complete
				  personnel file or files from the respondent.
(f) The department shall prioritize early in
				  the investigative process complex cases and cases that appear to have merit
				  under the relevant legal standard to better allocate the department's
				  resources.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsections (e) and (f) filed 8-31-2017;
					 operative 10-1-2017 (Register 2017, No. 35).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)-(g),
						12963 and
						12963.1-
						12963.5,
						Government Code.
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 10028 - Investigative Requests for Production and Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the course of an investigation,
				  the department may issue and serve requests for production for inspection and
				  copying of books, records, documents, and physical materials including, but not
				  limited to, land or other commercial or real property such as worksites or
				  housing accommodations, and electronically stored information in the possession
				  or under the control of a person or organization. A request for production may
				  be issued and served on the same persons and organizations and in the same
				  manner as subpoenas may be issued and served by the department under section
				  12963.1 of
				  the Government Code.
(b) A request
				  for production shall identify with reasonable particularity the things that are
				  to be inspected and specify a reasonable time, place, and manner of making the
				  inspection, performing the copying, or producing copies of the requested books,
				  records, documents, and physical materials.
(c) Within fifteen (15) days after service of
				  a request for production or such longer time as the department may agree to,
				  the recipient of the request shall serve on the department a written response
				  to each item requested, either stating that inspection and copying shall be
				  permitted as requested or objecting to the request and stating the grounds of
				  the objection. Unless a request for production is objected to, the recipient of
				  the request shall comply with the department's requests and permit inspection
				  and copying, or produce copies of the requested books, records, documents, and
				  physical materials, within thirty (30) days after service of the department's
				  requests for production, or such longer time as the department may agree
				  to.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(g),
						12963.1
						and
						12963.4,
						Government Code.
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 10029 - Priority Case Processing/Case Grading System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall prioritize
				  investigation of the following complaints:
(1) a complaint alleging a violation of the
				  Ralph Civil Rights Act;
(2) any
				  employment complaint that is a companion to a Ralph Civil Rights Act
				  complaint;
(3) a complaint filed by
				  a terminally ill complainant;
(4) a
				  complaint alleging retaliation occurring within one-hundred-eighty (180) days
				  of the complainant filing a prior complaint of discrimination with the
				  department or participating in a FEHA-related investigation, hearing or court
				  process; and/or
(5) any other
				  complaint investigation that warrants priority in the department's
				  discretion.
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 10030 - Investigations Not Completed Within Statutory Time Limit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where an investigation is not completed
				  within the statutory time limit the department may:
(1) continue the investigation;
(2) taking into consideration the complexity
				  of the case, time necessary to complete the investigation, and likelihood of
				  proving discrimination, close the case where continued investigation would be
				  an inefficient use of the department's resources; or
(3) if the case is dual-filed with the EEOC,
				  waive the case to the EEOC for continued investigation.
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 10031 - Civil Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If, after investigation, it is determined by the department that a complaint
				  has merit under the relevant legal standard, the director, in his or her
				  discretion, may file a civil action in the name of the department. The
				  discretion to file a civil action may be delegated to the department's chief
				  counsel or designated associate or assistant chief counsel.
(b) A civil action may be filed, if at all,
				  only after the department has required mandatory dispute resolution.
(c) The department has discretion not to file
				  a civil action when circumstances warrant. Factors considered by the department
				  when determining whether to proceed with a civil action include, but are not
				  limited to:
(1) the strength and sufficiency
				  of the evidence of unlawful conduct;
(2) the likelihood of prevailing on the
				  merits at hearing or trial;
(3) the
				  availability and allocation of department resources;
(4) whether the alleged violation addresses
				  an important legal issue in an area where the department seeks to establish
				  case law;
(5) whether filing the
				  civil action and subsequent litigation thereof are likely to impact civil
				  rights in a manner consistent with the department's mission; and/or
(6) whether the respondent has offered the
				  complainant an equitable remedy the complainant has
				  refused.
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 10032 - Notice of Case Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Whenever a complaint filed for investigation with the department is withdrawn
				  by the complainant or dismissed by the department, or an investigation is
				  closed or terminated by the department for any reason, the department shall
				  promptly notify the complainant and respondent of the case closure, and the
				  reason for closure, in writing. The department also shall provide the
				  complainant a list of resources for filing a civil complaint in small claims
				  court or locating private counsel.
(b) For complaints alleging unlawful
				  employment practices in violation of the FEHA for which a right-to-sue notice
				  has not already been issued, a notice of case closure shall also constitute a
				  right-to-sue notice.
(c) When
				  closing a complaint dual-filed with the EEOC, the department shall satisfy all
				  reporting requirements arising from the department's work-sharing agreement
				  with the EEOC.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12965(b)
						and
						12971,
						Government Code.
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 10033 - Departmental Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any person who wishes to appeal the department's decision to reject a complaint
				  or close a case may appeal to the director, or to the director's designee,
				  within 10 days following notification of the department's decision. The appeal
				  shall set forth specifically and in full detail the grounds upon which the
				  appealing party considers the department's determination to be unjust or
				  unlawful, and every issue to be considered by the director or the director's
				  designee. The director or the director's designee may consider any issue
				  relating to the initial decision and may modify, affirm, or reverse the
				  decision, including by reopening the investigation. The director's designee in
				  responding to appeals shall be a person who does not directly supervise the
				  department employee who made the initial decision to reject a complaint or
				  close a case. The decision of the director or the director's designee is final
				  and may not be appealed to any other department employee, officer, or other
				  individual delegated any function, power, or duty of the department.
(b) When an appeal is completed after the
				  statutory time limit and the complaint has been found meritorious under the
				  relevant legal standard, the department shall schedule a conciliation or
				  mediation conference.
(c) Any
				  concerns regarding the handling of an open complaint shall be directed to the
				  district administrator or, if there is no district administrator, the regional
				  administrator of the office where the complaint is being
				  investigated.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (n) 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 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
						12960(b),
						12965 and
						12971,
						Government Code.
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 10034 - EEOC Substantial Weight Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party aggrieved by the department's final action taken
					 on a complaint dual-filed with the EEOC may, within fifteen (15) days of the
					 action, request that the EEOC conduct a review in accordance with the
					 procedures set forth by the EEOC for a Substantial Weight
					 Review.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12960(b),
						12965 and
						12971,
						Government Code; and 29 CFR
						§§
													1601.76 and
						1601.77.