Section 10005 - Obtaining a Right-to-Sue Notice from the Department(a) Any person claiming to be aggrieved by an employment practice made unlawful by the FEHA may forgo having the department investigate a complaint and instead obtain an immediate right-to-sue notice. A right-to-sue notice issued by the department shall state that the aggrieved party may bring a civil action against the person or entity named in the complaint within one year from the date of the notice.(b) Once the department issues a right-to-sue notice for a particular complaint, the department shall not investigate that complaint. Notwithstanding the above, upon request by the complainant, the department may in its discretion investigate a complaint where a right-to-sue notice has already been issued if doing so would be consistent with section 10012(d). In such cases, the original right-to-sue notice date shall remain in effect. Obtaining an immediate right-to-sue notice and waiving the department's investigation is advisable only if a complainant has been instructed by the complainant's attorney to obtain a right-to-sue notice.(c) An immediate right-to-sue notice may be obtained by submitting a right-to-sue complaint via the department's automated right-to-sue system accessible on the department's Web site at www.dfeh.ca.gov, U.S. mail, electronic mail, facsimile, or in person.(d) To obtain an immediate right-to-sue notice via the department's automated right-to-sue system or by submitting a completed right-to-sue notice packet to the department, an aggrieved person shall file a right-to-sue complaint with the department containing the following: (1) complainant's name and, where available, address, telephone number and e-mail address;(2) respondent's name, address and, where available, telephone number and e-mail address. If applicable, the job title and/or capacity in which the respondent is being named also shall be included;(3) a description of the alleged act or acts of discrimination, harassment or retaliation;(4) the date or dates each alleged act of discrimination, harassment or retaliation occurred, including the date of the last or most recent alleged act;(5) each protected basis upon which the alleged discrimination or harassment was based;(6) for retaliation complaints, the date and type of protected activity in which the complainant engaged;(7) the complainant's declaration, made under penalty of perjury under the laws of the State of California, that to the best of the complainant's knowledge all information stated is true and correct, except matters stated on information and belief, which the complainant believes to be true;(8) the signature of the complainant, or an authorized signature, and the date signed, unless the complaint is filed electronically;(A) "Authorized signatures" includes the following: (i) the signature of an attorney whom the complainant has identified in writing as the complainant's legal representative, licensed to practice law in the State of California;(ii) the signature of any person other than an attorney whom the complainant has identified in writing as a person authorized to sign a complaint on the complainant's behalf;(iii) the signature of a parent or legal guardian who signs a complaint on behalf of a minor child; and(iv) the signature of a direct relative (parent, child, sibling, etc.) with an interest in the estate of a deceased complainant or the executor of the estate of a deceased complainant.(9) complaints filed electronically need not be signed; complaints filed electronically shall state that by submitting the complaint, the complainant declares under penalty of perjury under the laws of the State of California that to the best of the complainant's knowledge, all information stated in the complaint is true and correct, except matters stated on information and belief, which the complainant believes to be true;(e) If a complaint for investigation has been filed with the department and the department does not file a civil action within one-hundred-fifty (150) days of the filing date of the complaint, the department shall issue a written notice advising complainant of the right to request a right-to-sue notice and withdraw the complaint. When a right-to-sue notice has not earlier been requested, the department shall issue a right-to-sue notice at the completion of its investigation or one year after the complaint is filed, whichever occurs first.Cal. Code Regs. Tit. 2, § 10005
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Repealer of subsections (e)-(e)(12), subsection relettering and amendment of newly designated subsection (e) filed 10-27-2014 as an emergency; operative 10-27-2014 (Register 2014, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed 6-2-2015 (Register 2015, No. 23).
4. Amendment filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35). Note: Authority cited: Section 12930(e), Government Code. Reference: Section 12965(b), Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Repealer of subsections (e)-(e)(12), subsection relettering and amendment of newly designated subsection (e) filed 10-27-2014 as an emergency; operative 10/27/2014 (Register 2014, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed 6-2-2015 (Register 2015, No. 23).
4. Amendment filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).