Cal. Code Regs. Tit. 2, § 64.5 - Requirements for Filing Discrimination Complaint with the SPB
Any complaint to the SPB alleging discrimination, harassment, retaliation, or denial of reasonable accommodation for a known physical or mental disability shall be subject to the following filing requirements:
(a) The complaint shall
be filed with the Appeals Division within 30 days of the date the appointing
power served its decision concerning the complaint of discrimination on the
Complainant. If the appointing power has failed to provide a decision to the
Complainant within 90 days of the complaint being filed, the Complainant may
file a complaint with the Appeals Division within 150 days of the date the
Complainant filed his or her complaint of discrimination with the appointing
power.
(b) The Complainant shall
submit to the Appeals Division a complaint and any attachments.
(c) The complaint shall be in writing, and
shall:
(1) identify the facts that form the
basis for the complaint, including, but not limited to the specific protected
classification or activity as set forth in sections
19701 or
19702 of
the Government Code; all discriminatory acts experienced by the Complainant,
including the date that each act occurred; the name and job title of each
person who allegedly subjected Complainant to each discriminatory act; and all
information that the Complainant possesses that shows that the complained of
employment action(s) were the result of discriminatory conduct;
(2) identify all Respondents known to the
complainant (i.e. the appointing power as well as all state employees alleged
to have discriminated against the complainant), and identify the business
address of each Respondent named as a party to the complaint. Unless the
complainant names some other known Respondent, the Complainant's appointing
power shall be considered the sole Respondent;
(3) attach a copy of the Complainant's
complaint of discrimination filed with the appointing power, together with a
copy of the decision or other response of the appointing power to the
complaint. If the appointing power failed to provide the Complainant with a
written decision or other response to the discrimination complaint within the
time period set forth in section
64.4, the Complainant shall so
state in the complaint;
(4) specify
the relief and/or remedies sought by the Complainant; and
(5) be limited to a maximum of 15 pages of
double-spaced typed or printed text. Additional pages may be allowed upon a
showing of good cause. The Complainant shall submit a separate document with
the complaint stating the reasons for good cause. The 15 page limit does not
apply to any documents attached to the complaint pursuant to the requirements
of subdivisions (3) of this section, or any other exhibits.
(d) The above procedures do not apply in
those cases where an appellant raises discrimination as an affirmative defense
to any case scheduled for hearing. A party who raises discrimination solely as
an affirmative defense shall not be entitled to the relief specified in section
19702 of
the Government Code, unless that party has also complied with all filing
requirements set forth in sections
64.2 through
64.6.
Notes
2. Change without regulatory effect amending subsection (c)(5) filed 3-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 13).
3. Amendment of subsections (b), (c)(3) and (d) filed 11-30-2017; operative 1-1-2018 (Register 2017, No. 48).
Note: Authority cited: Section 18701, Government Code. Reference: Sections 18675, 19701 and 19702, Government Code.
2. Change without regulatory effect amending subsection (c)(5) filed 3-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 13).
3. Amendment of subsections (b), (c)(3) and (d) filed 11-30-2017; operative
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