Cal. Code Regs. Tit. 2, § 10011 - Complaints Taken for Filing Purposes Only

(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.

Notes

Cal. Code Regs. Tit. 2, § 10011

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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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.

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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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).