Cal. Code Regs. Tit. 2, § 10020 - Complaints Transferred to the EEOC for Processing
(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.
(c) Religious non-profit institutions:
(1) When it is determined at intake that an
employer is exempt from the FEHA because it is a non-profit religious
corporation, but the EEOC has jurisdiction over the religious employer under
Title VII of the 1964 Civil Rights Act, a complaint shall be accepted by the
department, registered, and waived to the EEOC for processing;
(2) When it is determined at intake that
neither the department nor the EEOC has jurisdiction over a religious employer,
the department shall accept a complaint for filing purposes only and promptly
close the complaint.
Notes
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)(1), 12960(b) and 12963, Government Code; and Mohasco Corp. v. Silver (1980) 447 U.S. 807 [65 L.Ed.2d 532, 100 S.Ct. 2486].
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