Cal. Code Regs. Tit. 2, § 10013 - Class or Group Complaints

(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.

(c) The class complaint shall state that the person is making the complaint on his or her behalf and on behalf of all others who have been, are, or will in the future be similarly aggrieved, or words to that effect.

(d) When a class complaint is accepted for filing, the department shall inform the complainant that, even though class language has been included in the complaint, the department shall later determine whether the complaint will be investigated as a class or group complaint. If the department later determines that neither a class nor group complaint will be pursued, the department may investigate the complaint as an individual complaint if circumstances warrant.

(e) Factors the department considers when determining whether to investigate a complaint as a class or group complaint include, but are not limited to:

(1) whether the alleged unlawful practice or its adverse effects can be articulated as being group or class based; and/or

(2) whether it would be more efficient for the department to investigate a complaint on a class or group basis rather than to investigate multiple single complaints filed by individual complainants; and/or:

(3) 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.

(f) The department shall notify the respondent in writing within one year after the filing of a complaint when the department determines that a complaint will be investigated as a class or group complaint. Any such writing also shall be served on the complainant.

(g) For any complaint treated by the department as a class or group complaint for purposes of investigation, conciliation, and civil action, any civil action shall be filed within two years after the filing of the complaint.

(h) When a complaint is pursued as a class or group complaint, the department shall provide the complainant written notice that includes, at a minimum, the following statements:

(1) the class or group designation extends the investigation period one year;

(2) although the investigative period is extended, the deadline for the department to issue a right-to-sue notice in a class or group complaint alleging an unlawful employment practice remains one year from the date the complaint was filed with the department;

(i) The director, in his or her discretion, may determine whether a director's complaint also shall be filed and pursued in conjunction with a class or group complaint.

Notes

Cal. Code Regs. Tit. 2, § 10013

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (g) 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 12930(f)(1), 12961 and 12965(a), Government Code.

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (g) 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.