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§ 10024. Conciliation.


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 § 10024
§ 10024. Conciliation.
(a) Conciliation efforts undertaken by the department's enforcement division may include post-investigation conciliation and/or settlement conferences as well as pre-determination settlement negotiations. Whenever a complainant or respondent is represented by an attorney or advocacy organization, enforcement staff shall communicate with the party's attorney or advocate regarding settlement.
(b) Pre-determination settlement (PDS) negotiations are confidential; however, any settlement agreement entered into as a result of PDS negotiations that is signed by the department, as well as the terms of settlement, are not confidential.
(c) If the department determines after investigation that a preponderance of evidence exists to prove a complaint's allegations, both the complainant and respondent, as well as their respective attorneys or advocates, if any, shall be invited to participate in a conciliation or mediation conference on equal terms.
(d) Everything that transpires at a post-investigation conciliation conference shall be kept confidential, except as follows:
(1) issues established as fact during the investigation;
(2) any settlement agreement signed by the department, and the final terms of settlement; and/or
(3) new facts presented by the respondent at the conciliation conference that cause the department to re-evaluate the case and determine not to file a civil action. A respondent providing such information at a conciliation conference shall authorize the department to use the information to close the case.
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f) and 12963.7, Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (d)(3) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 § 10024, 2 CA ADC § 10024
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