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§ 10012. Director's Complaints.


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 § 10012
§ 10012. Director's Complaints.
(a) The director, in his or her discretion, may make, sign, and file a complaint for investigation that satisfies all the requirements of section 12960 of the Government Code.
(b) The director, in his or her discretion, may file a complaint on behalf and as representative of a group or class of persons adversely affected, in a similar manner, by a practice made unlawful by a law the department enforces.
(c) Receipt of an individual complaint alleging a pattern of discrimination, or a request or referral from a source outside the department, including but not limited to other state or federal agencies, may result in the filing of a director's complaint.
(d) Factors for determining whether to file a director's complaint include, but are not limited to:
(1) whether the respondent employs a large workforce that may be affected by the alleged unlawful practice, such that the anticipated remedy would impact a large number of persons or an entire industry; and/or
(2) whether the complaint allegations address an important legal issue in an area where the department seeks to establish case law; and/or
(3) whether resolution of the complaint would impact civil rights in a manner consistent with the department's mission.
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)(1), 12960(b) and 12961, Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (a) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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).
This database is current through 11/19/21 Register 2021, No. 47
2 CCR § 10012, 2 CA ADC § 10012
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