Cal. Code Regs. Tit. 2, § 10029 - Priority Case Processing/Case Grading System
(a) The department shall prioritize
investigation of the following complaints:
(1) a complaint alleging a violation of the
Ralph Civil Rights Act;
(2) any
employment complaint that is a companion to a Ralph Civil Rights Act
complaint;
(3) a complaint filed by
a terminally ill complainant;
(4) a
complaint alleging retaliation occurring within one-hundred-eighty (180) days
of the complainant filing a prior complaint of discrimination with the
department or participating in a FEHA-related investigation, hearing or court
process; and/or
(5) any other
complaint investigation that warrants priority in the department's
discretion.
(b) In
addition to the foregoing, to better allocate the department's resources, the
department shall identify any employment discrimination complaints filed for
investigation that are likely meritorious. The department shall initially
designate such complaints as priority complaints and process them in the same
manner as other priority complaints. At its discretion, the department's legal
division may later designate a priority complaint as a high priority complaint,
depending upon its strength and potential for impact.
(c) The department shall preliminarily
designate all other employment discrimination complaints filed for
investigation as standard complaints, which the department shall
investigate.
(d) Such initial
designations shall continually be re-evaluated by the department throughout the
investigative process, particularly after an employer's response is received
and analyzed. Thus, a complaint initially designated a standard complaint later
may be designated a priority complaint upon receipt and evaluation of
additional evidence. Likewise, a complaint originally designated a priority
complaint may be designated a standard complaint after reevaluation.
(e) When the department considers whether a
complaint is a priority or a standard complaint, it will consider the
sufficiency of the evidence supporting the alleged violation.
(f) At no time shall the department disclose
to any person outside the department the case grade or designation assigned to
any complaint.
Notes
2. Amendment 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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) and 12963, Government Code.
2. Amendment filed 10-27-2014 as an emergency; operative
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