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§ 10020. Complaints Transferred to the EEOC for Processing.

2 CA ADC § 10020BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 4.1. Department of Fair Employment and Housing
Chapter 1. Procedures of the Department of Fair Employment and Housing
Subchapter 1. Employment, Unruh Civil Rights Act (CIV. Code, § 51 et seq.), Ralph Civil Rights Act (CIV. Code, § 51.7), and Disabled Persons Act (CIV. Code, § 54 et seq.) Complaints
2 CCR § 10020
§ 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.
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].
HISTORY
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
This database is current through 11/19/21 Register 2021, No. 47
2 CCR § 10020, 2 CA ADC § 10020
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