§ 17575. Alternate Process for Resolving Grievances Involving Allegated Discrimination.

If an employee grievance alleges the improper act or failure to act was due to discrimination in terms of race, color, sex, age, handicap, religious creed, national origin, ancestry, marital status, or other categorization identified by statute; the employee shall be allowed to use either the grievance procedure or the following discrimination complaint procedure. The employee shall not use both procedures for the same complaint.

(a) First Step. The aggrieved employee may discuss the complaint informally with an Equal Employment Opportunity (EEO) Counselor. The EEO Counselor shall be a person trained in EEO procedures and counseling techniques to provide informal counseling on matters pertaining to discrimination. Such discussion and counseling shall be initiated within 21 calendar days of the alleged discriminatory action.

(b) Second Step. No later than 10 calendar days following conclusion of informal counseling, the aggrieved employee may file a formal written discrimination complaint with an Equal Employment Opportunity (EEO) Investigator. The EEO Investigator shall be a person trained in EEO procedures and investigative techniques to provide formal investigation of matters pertaining to discrimination. The EEO Investigator shall submit to the appointing authority, within 21 calendar days, a formal written report covering the specific complaint, relief sought, findings of fact, and recommend action.

(c) Final Step. If the aggrieved employee and appointing authority agree with the recommended action in the EEO Investigator's written report, and the appointing authority has the authority to implement it, it shall be implemented. Otherwise a decision on the formal complaint shall be made by the local governing board or its designated representative within 21 calendar days from the time it was filed with the governing board.

HISTORY

1. Editorial correction of subsection (a) (Register 95, No. 40).

Note

Note: Authority cited: Section 19803, Government Code. Reference: Section 19800, Government Code.