Cal. Code Regs. tit. 2 § 10031 : Administration — Department of Fair Employment and Housing — Procedures of the Department of Fair Employment and Housing — Employment, Unruh Civil Rights Act (CIV. Code, Section 51 et seq.), Ralph Civil Rights Act (CIV. Code, Section 51.7), and Disabled Persons Act (CIV. Code, Section 54 et seq.) Complaints — Civil Actions

(a) If, after investigation, it is determined by the department that a complaint has merit under the relevant legal standard, the director, in his or her discretion, may file a civil action in the name of the department. The discretion to file a civil action may be delegated to the department's chief counsel or designated associate or assistant chief counsel.

(b) A civil action may be filed, if at all, only after the department has required mandatory dispute resolution.

(c) The department has discretion not to file a civil action when circumstances warrant. Factors considered by the department when determining whether to proceed with a civil action include, but are not limited to:

(1) the strength and sufficiency of the evidence of unlawful conduct;

(2) the likelihood of prevailing on the merits at hearing or trial;

(3) the availability and allocation of department resources;

(4) whether the alleged violation addresses an important legal issue in an area where the department seeks to establish case law;

(5) whether filing the civil action and subsequent litigation thereof are likely to impact civil rights in a manner consistent with the department's mission; and/or

(6) whether the respondent has offered the complainant an equitable remedy the complainant has refused.

Cal. Code Regs. Tit. 2, § 10031

Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(h) and 12965(a), Government Code.

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of section heading and section 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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, including amendment of subsection (c), transmitted to OAL 4-20-2015 and filed 6-2-2015; amendments effective 6-2-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 23).
4. Amendment of section heading and subsections (a) and (b) filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).