Cal. Code Regs. Tit. 2, § 10007 - Intake
(a) To determine
whether the department has jurisdiction over the conduct about which a person
seeks to complain, or the respondent against whom the person seeks to file a
complaint, the department shall screen pre-complaint inquiries requesting
investigation by conducting an intake interview.
(b) The department shall provide persons who
file a pre-complaint inquiry with a confirmation of the receipt of their
inquiry. The department will contact persons who have filed a pre-complaint
inquiry to conduct or schedule an intake interview.
(c) Persons for whom an intake appointment
has been made should prepare to provide the department, where relevant, with
the following information at the intake interview:
(1) the name and, where available, the
address, telephone number, and e-mail address of the person seeking to file the
complaint;
(2) the name, address
and, where available, telephone number and e-mail address of the entity or
person against whom the individual wishes to file a complaint. If applicable,
the number of individuals employed by the entity or person against whom the
individual wishes to file a complaint also shall be provided;
(3) the name of the employer, if applicable,
as it appears on the most recent U.S. Internal Revenue Service form W-2 the
person received, against whom the person wishes to file a complaint;
(4) the name and, where known, home address,
telephone number, e-mail address, and job title of any person against whom the
individual wishes to file a complaint of discrimination;
(5) each protected basis upon which the
discriminatory conduct about which the person wishes to complain was
based;
(6) the discriminatory
conduct or treatment the person experienced and the date or dates such
discriminatory conduct or treatment occurred;
(7) for retaliation complaints, the protected
activity in which the person engaged and the date of the protected
activity;
(8) the reason the person
believes the conduct experienced was discriminatory and, if applicable, the
name, address, telephone number, e-mail address and job title of any individual
the employer treated more favorably;
(9) the name, address, telephone number,
e-mail address and job title of each individual believed to have relevant
information regarding the complaint of discrimination and a brief
summary/description of the information;
(10) whether the person has filed a complaint
with the EEOC;
(11) the following
additional information may be relevant for employment discrimination
complaints:
A. date of hire or application for
job at issue;
B. job title and rate
of pay at time the discriminatory treatment or conduct occurred;
C. name and title of immediate supervisor or
interviewer;
D. if employment was
terminated, name of replacement and the replacement's protected basis, if any,
where known;
E. if employment was
terminated or prospective employer failed to hire, whether other employment was
subsequently obtained and if so, the date of hire, job title, and rate of pay
of replacement job;
F. If not hired
for desired position:
a. how information about
available position and rate of pay was obtained;
b. whether application for desired position
was made orally or in writing;
c.
name and/or job title of person to whom application was submitted or made and
date of application;
d. date and
manner in which decision not to hire was communicated; and
e. name and rate of pay, if known, of person
hired for desired job.
(d) The department shall liberally construe
the facts alleged by a potential complainant when evaluating whether to accept
a complaint.
(e) Notwithstanding
the foregoing, the department shall only accept complaints for investigation
where:
(1) The conduct alleged, if proven,
would violate a law the department enforces.
(2) The statute of limitations has not run.
For complaints alleging a continuing violation, the most recent act of harm
alleged shall have occurred within the applicable limitations period. Where
there is doubt about whether the statute of limitations has run, the complaint
shall be taken by the department and the issue of timeliness investigated and
analyzed during the investigation.
(3) Each named respondent is an entity or
person over whom the department has jurisdiction under the laws the department
enforces. Where there is doubt about whether the department has jurisdiction
over a particular respondent, the complaint shall be taken by the department
and the issue of jurisdiction investigated and analyzed during the
investigation.
(f) At the
conclusion of the intake interview, complainants with claims over which another
state agency may have jurisdiction shall be advised accordingly and provided
referral information, regardless of whether the department also has
jurisdiction over some or all of a complainant's claims.
(g) 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 department or the EEOC against the same respondent(s).
Notes
2. Amendment of subsections (a)-(b), repealer of subsections (c) and (f), subsection relettering and amendment of newly designated subsections (c)-(d) 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 (c) 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 (b) and (e), subsection relettering and amendment of newly designated subsections (c), (c)(11) and (c)(11) D. filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).
5. Editorial correction of subsection (d) (Register 2022, No. 16).
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.
2. Amendment of subsections (a)-(b), repealer of subsections (c) and (f), subsection relettering and amendment of newly designated subsections (c)-(d) filed 10-27-2014 as an emergency; operative
3. Certificate of Compliance as to 10-27-2014 order, including amendment of subsections (c) 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 (b) and (e), subsection relettering and amendment of newly designated subsections (c), (c)(11) and (c)(11) D. filed 8-31-2017; operative
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