Cal. Code Regs. Tit. 2, § 10005 - Obtaining a Right-to-Sue Notice from the Department
(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;
(e) If a complaint
for investigation has been filed with the department and the department does
not file a civil action within one-hundred-fifty (150) days of the filing date
of the complaint, the department shall issue a written notice advising
complainant of the right to request a right-to-sue notice and withdraw the
complaint. When a right-to-sue notice has not earlier been requested, the
department shall issue a right-to-sue notice at the completion of its
investigation or one year after the complaint is filed, whichever occurs
first.
Notes
2. Repealer of subsections (e)-(e)(12), subsection relettering and amendment of newly designated subsection (e) 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: Section 12965(b), Government Code.
2. Repealer of subsections (e)-(e)(12), subsection relettering and amendment of newly designated subsection (e) filed 10-27-2014 as an emergency; operative
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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.