Cal. Code Regs. Tit. 2, § 10022 - Amending Complaints
(a) The department may amend an open
complaint of discrimination to:
(1) add bases
or allegations for which the statute of limitations has not run;
(2) add or delete facts or change the wording
of a complaint;
(3) cure technical
defects or omissions, including correcting a case number, address, or name of a
party;
(4) add new bases,
respondents, or complainants after the expiration of the one-year statute of
limitations where the amendment either relates back to the same material facts
set forth in the original complaint, or the original complaint contains
language that specifically references or identifies the bases, respondents, or
complainants to be added;
(5) add
an allegation of retaliation after the one-year statute of limitations has run
where the alleged retaliatory conduct is the same conduct complained of in the
original complaint (e.g., termination) for which another discriminatory basis
was originally alleged (e.g., national origin discrimination); and/or
(6) add class or group allegations to an
individual complaint and pursue the complaint as a class or group
complaint.
(b) When an
open complaint of discrimination has been amended:
(1) respondents shall be given sufficient
notice and time to respond to new allegations;
(2) the filing date of the amended complaint
remains the same as the original filing date.
(c) The department shall not amend an open
complaint to add:
(1) allegations that are
beyond the one-year statute of limitations if the allegations relate to a
different set of facts than those alleged in the original complaint;
(2) bases or allegations that would have been
rejected if raised at intake;
(3)
bases or allegations refuted by evidence obtained during the
investigation.
(4) Under the
foregoing circumstances, the department shall offer the complainant a complaint
for filing purposes only, which shall not be investigated, and which, if
accepted by the complainant, shall contain the new bases and/or
allegation(s).
(d) The
department shall amend closed employment discrimination complaints as requested
by complainants or their counsel.
(e) When the department amends a closed
complaint, the department shall neither reopen the complaint nor make an
administrative determination on the validity, retroactivity, or merits of the
amendment.
(f) When a closed
complaint is amended by the department, the original filing date and
right-to-sue notice shall remain in effect, as shall the original statute of
limitations for filing a private lawsuit.
Notes
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, including amendment of subsection (g), 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. Amendment of subsection (a)(3) and repealer of subsection (g) 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.
2. Amendment of subsection (g) filed 10-27-2014 as an emergency; operative
3. Certificate of Compliance as to 10-27-2014 order, including amendment of subsection (g), 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. Amendment of subsection (a)(3) and repealer of subsection (g) filed 8-31-2017; operative
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