§ 10007. Intake.

(a) To determine whether the department has jurisdiction over the conduct about which a person seeks to complain, or the respondent against whom the person seeks to file a complaint, the department shall screen potential complaints filed for investigation and, where it appears that the department may have jurisdiction, conduct an intake interview.

(b) A person may schedule an appointment for an intake interview for an employment discrimination complaint via the department's Web site at www.dfeh.ca.gov, by sending a request via e-mail to [e-mail], or by calling the department's toll-free telephone number listed on its Web site. Individuals also may call the department's toll-free number or send an e-mail to [e-mail] to obtain basic technical assistance or referrals.

(c) Persons whose statute of limitations is about to run on a complaint for investigation, or who seek to file a complaint for investigation alleging a violation of the Unruh Civil Rights Act, Ralph Civil Rights Act, or Disabled Persons Act may schedule an intake appointment with a DFEH office listed on the department's Web site by telephoning the office directly, e-mailing or faxing the office's district or regional administrator, or telephoning the department's toll-free number and requesting the telephone number of the nearest DFEH office. Persons may also send an e-mail to [e-mail] to obtain the telephone number of the nearest DFEH office. Contact shall be made with a department office via telephone, e-mail, facsimile, or other written or electronic means. Service may be denied to any member of the public who appears in person at a department office without the prior consent of the district or regional administrator.

(d) The department shall provide persons for whom an intake appointment has been made written confirmation of the date and time of the intake interview.

(e) Persons for whom an intake appointment has been made shall provide the department the following information in writing prior to the commencement of the intake interview on a form prescribed by the department:

(1) the name and, where available, the address, telephone number, and e-mail address of the person seeking to file the complaint;

(2) the name, address and, where available, telephone number and e-mail address of the entity or person against whom the individual wishes to file a complaint. If applicable, the number of individuals employed by the entity or person against whom the individual wishes to file a complaint also shall be provided;

(3) the name of the employer, if applicable, as it appears on the most recent U.S. Internal Revenue Service form W-2 the person received, against whom the person wishes to file a complaint;

(4) the name and, where known, home address, telephone number, e-mail address, and job title of any person against whom the individual wishes to file a complaint of discrimination;

(5) each protected basis upon which the discriminatory conduct about which the person wishes to complain was based;

(6) the discriminatory conduct or treatment the person experienced and the date or dates such discriminatory conduct or treatment occurred;

(7) for retaliation complaints, the protected activity in which the person engaged and the date of the protected activity;

(8) the reason the person believes the conduct experienced was discriminatory and, if applicable, the name, address, telephone number, e-mail address and job title of any individual the employer treated more favorably;

(9) the name, address, telephone number, e-mail address and job title of each individual believed to have relevant information regarding the complaint of discrimination and a brief summary/description of the information;

(10) whether the person has filed a complaint with the EEOC;

(11) the following additional information for employment discrimination complaints:

A. date of hire or application for job at issue;

B. job title and rate of pay at time the discriminatory treatment or conduct occurred;

C. name and title of immediate supervisor or interviewer;

D. if employment was terminated, name of replacement and his/her protected basis, if any, where known;

E. if employment was terminated or prospective employer failed to hire, whether other employment was subsequently obtained and if so, the date of hire, job title, and rate of pay of replacement job;

F. If not hired for desired position:

a. how information about available position and rate of pay was obtained;

b. whether application for desired position was made orally or in writing;

c. name and/or job title of person to whom application was submitted or made and date of application;

d. date and manner in which decision not to hire was communicated; and

e. name and rate of pay, if known, of person hired for desired job.

(f) The department may cancel the intake appointment of any person who fails to provide the foregoing information by the deadline the department designates.

(g) Intake interviews shall be conducted by telephone or other electronic means unless the department determines that special circumstances, such as the need for a sign language interpreter, require an in-person intake interview.

(h) The department shall liberally construe the facts alleged by a potential complainant when evaluating whether to accept a complaint.

(i) Notwithstanding the foregoing, the department shall only accept complaints for investigation where:

(1) The conduct alleged, if proven, would violate a law the department enforces.

(2) The statute of limitations has not run. For complaints alleging a continuing violation, the most recent act of harm alleged shall have occurred within the applicable limitations period. Where there is doubt about whether the statute of limitations has run, the complaint shall be taken by the department and the issue of timeliness investigated and analyzed during the investigation.

(3) Each named respondent is an entity or person over whom the department has jurisdiction under the laws the department enforces. Where there is doubt about whether the department has jurisdiction over a particular respondent, the complaint shall be taken by the department and the issue of jurisdiction investigated and analyzed during the investigation.

(j) At the conclusion of the intake interview, complainants with claims over which another state agency may have jurisdiction shall be advised accordingly and provided referral information, regardless of whether the department also has jurisdiction over some or all of a complainant's claims.

(k) The department shall not accept complaints where the same protected bases, discriminatory acts, and allegations are or have been included in a complaint the complainant previously filed with the department or the EEOC against the same respondent(s).

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: Sections 52(f) and 54.3(b), Civil Code; and Sections 12930(f)(1)-(2), 12948, 12960(b) and 12960(d), Government Code.