Section 10011 - Complaints Taken for Filing Purposes Only(a) Where the department rejects at intake all or some of the allegations presented by a person who seeks to file an employment discrimination complaint for investigation by the department, the department shall explain the reasons for rejection and offer the person the option of filing a complaint taken for filing purposes only. The department may only reject an allegation if it is clear that the statute of limitations has run and/or that the allegation, if proven, would not constitute a violation of the FEHA.(b) A complaint accepted by the department for filing purposes only shall state the rejected allegations, which shall not be investigated by the department. The department may still dual-file the complaint with the EEOC. In the event that the complaint is not dual-filed, the department shall give the complainant contact information for the local EEOC office. Where a person rejects the department's offer to take a complaint for filing purposes only, that person may request that the department provide the reasons for rejection in writing, which the department shall thereafter provide.Cal. Code Regs. Tit. 2, § 10011
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (b) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 of subsection (b) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35). Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)(1) and 12960(b), Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (b) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 of subsection (b) filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).