§ 10001. Definitions.

(a) “Accusation” means the charging document issued by the department pursuant to section 12965 or 12981 of the Government Code.

(b) “Authorized signature” means any of the following: (1) the signature of an attorney whom the complainant has identified in writing as his or her legal representative, licensed to practice law in the State of California; (2) the signature of any person other than an attorney whom the complainant has identified in writing as a person authorized to sign a complaint on his or her behalf; (3) the signature of a parent or legal guardian who signs a complaint on behalf of his or her minor child; (4) the signature of a direct relative (parent, child, sibling, etc.) with an interest in the estate of a deceased complainant or the executor of the estate of a deceased complainant.

(c) “Complainant” means a “person,” as that term is defined by Government Code section 12925(d), who files a complaint with the department alleging that the person has been aggrieved by a practice made unlawful by any law the department enforces.

(d) “Complaint” means a complaint filed with the department alleging that a “person,” as that term is defined by Government Code section 12925(d), or class or group of persons, has been aggrieved by a practice made unlawful by any law the department enforces.

(e) “Conciliation” means bringing two opposing sides together to reach a compromise in an effort to resolve a complaint filed with the department, which includes pre-determination settlement negotiations and post-investigation conciliation and/or settlement conferences conducted by the department's enforcement division.

(f) “Department” means the Department of Fair Employment and Housing (DFEH) and includes any officer, employee, or other individual delegated any function, power, or duty of the department.

(g) “Departmental appeal” means a verbal or written appeal or request made to the department by a complainant or respondent seeking reconsideration of the department's determination regarding a complaint filed with the department.

(h) “Director” means the Director of the Department of Fair Employment and Housing and includes any officer, employee, or other individual delegated any function, power, or duty of the director.

(i) “District Administrator” means any employee, officer, or other individual delegated the authority to supervise the staff and day-to-day operations of a department district, satellite, or regional office.

(j) “EEOC” means the United States Equal Employment Opportunity Commission.

(k) “Enforcement Division” means the division of the department responsible for filing, investigating, and conciliating complaints alleging a practice made unlawful by any law the department enforces.

(l) “Filed or to file” means, except for complaints submitted online and/or created on the Internet via the department's automated right-to-sue notice system at www.dfeh.ca.gov, a complaint is “filed” with the department when it is date-stamped “received” by the department.

(m) “HUD” means the United States Department of Housing and Urban Development.

(n) “Legal Division” means the division of the department responsible for issuing and prosecuting accusations and civil complaints alleging a practice made unlawful by any law the department enforces.

(o) “Mediation Division” means the division of the department that employs trained neutrals to mediate complaints filed with the department when the parties to a complaint agree to mediate. The mediation division is separate from the department's enforcement and legal divisions. It utilizes volunteers as well as mediation division staff to facilitate communication between parties to assist them in attempting to reach a mutually acceptable settlement agreement.

(p) “Pre-determination” means the department has not yet determined whether a complaint has merit.

(q) “Protected basis” means any basis or characteristic upon which discrimination is prohibited by the FEHA, the Unruh Civil Rights Act (Civ. Code, § 51), the Ralph Civil Rights Act (Civ. Code, § 51.7), or any other law the department enforces.

(r) “Regional Administrator” means any employee, officer, or other individual delegated the authority to supervise the staff and operations of a department regional office or multiple district or satellite offices.

(s) “Registered complaint” means a filed complaint to which the department has assigned a department case file number.

(t) “Respondent” means an entity or person alleged to have committed a practice made unlawful by a law the department enforces and against whom a complaint has been filed with the department or an accusation has been issued.

(u) “Verified complaint” means a complaint submitted to the department with the complainant's oath or affidavit stating that to the best of his or her knowledge, all information contained in the complaint is true and correct, except matters stated on information and belief, which the complainant declares he or she believes to be true. To be “verified” a complaint filed with the department need not be signed; verification need only confirm the truth of the allegations submitted, including by submitting the allegations under penalty of perjury.

HISTORY

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).

Note

Note: Authority cited: Section 12930(e), Government Code. Reference: Section 446, Code of Civil Procedure; Sections 12901-12903, 12925, 12927, 12930-12932, 12940, 12950, 12955-12956, 12960, 12961, 12963.1(a), 12963.7, 12964, 12965, 12971, 12980-12981, 12984-12989.3, 7, 12989 and 12995, Government Code; and Section 7285.5, Title 2, California Code of Regulations (Register 99, No. 12).