Cal. Code Regs. Tit. 2, § 10026 - Complaint Investigation
(a) After any employment discrimination
complaint alleging facts sufficient to constitute a violation of the FEHA is
filed for investigation with the department, the department shall initiate
prompt investigation thereof.
(b)
Where it is disputed or unclear that the department has jurisdiction over a
particular respondent or allegation, the investigation shall initially focus on
obtaining the information and documents necessary to determine whether the
department has jurisdiction.
(c)
During the course of its investigation the department may, but is not required,
to issue and serve investigative subpoenas, written interrogatories, and
requests for production of books, records and documents. If a person or entity
fails to comply with a subpoena, written interrogatories, or requests for
production of documents properly issued and served by the department, after
requesting compliance in writing and/or by telephone, the department shall file
a petition with the superior court, in accordance with section
12965.3 of
the Government Code, to compel compliance with its investigative
discovery.
(d) The department shall
gather during the course of an investigation all relevant evidence necessary to
determine whether an unlawful practice has occurred.
(e) Where relevant to a workplace
discrimination complaint, the department may obtain the complainant's complete
personnel file or files from the respondent.
(f) The department shall prioritize early in
the investigative process complex cases and cases that appear to have merit
under the relevant legal standard to better allocate the department's
resources.
Notes
2. Amendment of subsections (e) and (f) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)-(g), 12963 and 12963.1- 12963.5, Government Code.
2. Amendment of subsections (e) and (f) filed 8-31-2017; operative
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.