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§ 10029. Priority Case Processing/Case Grading System.


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 § 10029
§ 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.
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)(1) and 12963, Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
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).
This database is current through 11/19/21 Register 2021, No. 47
2 CCR § 10029, 2 CA ADC § 10029
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