§ 10026. Complaint Investigation.

(a) After any employment discrimination complaint alleging facts sufficient to constitute a violation of the FEHA is filed for investigation with the department, the department shall initiate prompt investigation thereof.

(b) Where it is disputed or unclear that the department has jurisdiction over a particular respondent or allegation, the investigation shall initially focus on obtaining the information and documents necessary to determine whether the department has jurisdiction.

(c) During the course of its investigation the department may, but is not required, to issue and serve investigative subpoenas, written interrogatories, and requests for production of books, records and documents. If a person or entity fails to comply with a subpoena, written interrogatories, or requests for production of documents properly issued and served by the department, after requesting compliance in writing and/or by telephone, the department shall file a petition with the superior court, in accordance with section 12965.3 of the Government Code, to compel compliance with its investigative discovery.

(d) The department shall gather during the course of an investigation all relevant evidence necessary to determine whether an unlawful practice has occurred.

(e) For all workplace discrimination complaints, the department shall obtain the complainant's complete personnel file or files from the respondent.

(f) The department shall prioritize early in the investigative process complex cases and cases that appear to have merit to better allocate the department's resources.

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)-(g), 12963 and 12963.1-12963.5, Government Code.