§ 10022. Amending Complaints.

(a) The department may amend an open complaint of discrimination to:

(1) add bases or allegations for which the statute of limitations has not run;

(2) add or delete facts or change the wording of a complaint;

(3) correct the name of a respondent;

(4) add new bases, respondents, or complainants after the expiration of the one-year statute of limitations where the amendment either relates back to the same material facts set forth in the original complaint, or the original complaint contains language that specifically references or identifies the bases, respondents, or complainants to be added;

(5) add an allegation of retaliation after the one-year statute of limitations has run where the alleged retaliatory conduct is the same conduct complained of in the original complaint (e.g., termination) for which another discriminatory basis was originally alleged (e.g., national origin discrimination); and/or

(6) add class or group allegations to an individual complaint and pursue the complaint as a class or group complaint.

(b) When an open complaint of discrimination has been amended:

(1) respondents shall be given sufficient notice and time to respond to new allegations;

(2) the filing date of the amended complaint remains the same as the original filing date.

(c) The department shall not amend an open complaint to add:

(1) allegations that are beyond the one-year statute of limitations if the allegations relate to a different set of facts than those alleged in the original complaint;

(2) bases or allegations that would have been rejected if raised at intake;

(3) bases or allegations refuted by evidence obtained during the investigation.

(4) Under the foregoing circumstances, the department shall offer the complainant a complaint for filing purposes only, which shall not be investigated, and which, if accepted by the complainant, shall contain the new bases and/or allegation(s).

(d) The department shall amend closed employment discrimination complaints as requested by complainants or their counsel.

(e) When the department amends a closed complaint, the department shall neither reopen the complaint nor make an administrative determination on the validity, retroactivity, or merits of the amendment.

(f) When a closed complaint is amended by the department, the original filing date and right-to-sue notice shall remain in effect, as shall the original statute of limitations for filing a private lawsuit.

(g) The department shall handle nonsubstantive changes to an original complaint, such as correcting an incorrect case number, incorrect address or misspelled word, by correcting the original complaint, not by amending it.

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 12930(f)(1) and 12960(b), Government Code.