§ 10048. Retaliation Complaints - Special Considerations.

(a) When retaliation is included among the allegations a complainant makes at intake, and the department has determined that it will accept the complainant's claims for investigation, all allegations, including retaliation, shall be combined in one complaint.

(b) When retaliation is alleged after a complaint has already been filed with the department, and the department has determined that it will accept the retaliation claim for investigation, the department shall file a separate retaliation complaint, except as follows:

(c) If the one-year statute of limitations has run and the alleged retaliatory conduct is the same conduct complained of in the original complaint (e.g., termination of lease) for which another discriminatory basis was originally alleged (e.g., request for reasonable accommodation), the department shall amend the original complaint instead of taking a separate complaint.

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), 12955.7, 12980(a) and 12980(c), Government Code.