§ 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 complaint filed for investigation that likely would be meritorious, or whose successful litigation would impact a large number of employees if its allegations are proven. 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) Factors the department considers when determining whether a complaint is a priority or a standard complaint may include, but are not limited to:

(1) whether the alleged unlawful practice affects a group or class of employees or applicants;

(2) strength of the facts alleged;

(3) the severity of the alleged harm;

(4) whether the respondent employs a large workforce that may be affected by the alleged unlawful practice, such that a remedy would impact a large number of persons or an entire industry; and/or

(5) whether the complaint allegations address an important legal issue in an area where the department seeks to establish case law.

(f) Priority complaints may be eligible for allocation of additional department resources and early and on-going collaboration with the department's legal division.

(g) At no time shall the department disclose to any person outside the department the case grade or designation assigned to any complaint. All records of discussions regarding the grade or designation of a complaint shall be marked “Confidential,” and be retained in the confidential section of the department's case file.

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 12963, Government Code.