California’s Civil Rights Agency:

Past, Present and Future

Los Angeles County Human Relations Commission Corporate Advisory Committee and the Los Angeles Diversity Workgroup

March 27, 2008

Presented by Phyllis W. Cheng | DirectorDepartment of Fair Employment and Housing2218 Kausen Drive | Suite 100Elk Grove | California | 95758Telephone: 916.478.7251| Fax: 916.478.7329phyllis.cheng@dfeh.ca.gov | www.dfeh.ca.gov

To protect Californians from employment, housing and public accommodation discrimination, and hate violence.

A Department of Fair Employment and Housing

PRESENTATION

                                 

Overview

Mission of the DFEH– Mission Statement

– Overview of Jurisdiction and Complaint Process

Three-Year Plan– Improve Delivery of Public Service

– Vigorous Enforcement of the Law

– Expand Outreach to Stakeholders

– Provide Civil Rights Leadership

DFEH’S MISSION

MISSION STATEMENT

The mission of the Department of Fair

Employment and Housing is to protect Californians

from employment, housing and public

accommodation discrimination, and hate

violence.

Jurisdiction

The DFEH enforces the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, and Ralph Act.  

The Department's jurisdiction extends to individuals, private or public entities, housing providers, and business establishments within the State of California.

Complaint Process: Intake

Intake InterviewIntake Interview

Pre-Complaint Questionnaire

– Provided to Complainant in advance

– Completed form brought to interview

– Fact-gathering meeting with A DFEH Fact-gathering meeting with A DFEH Consultant scheduled for all persons Consultant scheduled for all persons wishing to file a complaintwishing to file a complaint

Filing

Formal Complaint

- Drafted by interviewing Consultant

- Signed by Complainant under penalty of perjury

- Served upon Respondent

Dual-Filed- Filed with DFEH and the federal

EEOC if within that agency’s jurisdiction.

Respondent’s Answer

Respondent required to answer

Respondent given opportunity to voluntarily resolve dispute

No-fault resolution can be negotiated at any point in process from here forward

Who may file?

Individual

Director of the DFEH

Community organization

Investigation

Standardized Procedures

– Every complaint investigated in standard, timely manner

Pre-Accusation Discovery

– The DFEH has authority to:

• Issue subpoenas

• Propound interrogatories

• Take depositions

Following Investigation

Compliance by Respondent enforced by Superior Courts of California, if necessary

If investigation does not reveal a violation of the FEHA, the DFEH closes its case file

Conciliation

When investigation reveals a violation of law

– Formal conciliation conference scheduled by District Administrator

– The DFEH presents information supporting investigative findings

– The DFEH explores resolution with the parties

– If conciliation fails, District Administrator may recommend litigation

Administrative Litigation

Before the Fair Employment and Housing Commission

– The DFEH issues an Accusation

– If not resolved, goes to a public hearing before an FEHC Administrative Law Judge

– The DFEH does not represent the Complainant

In the Superior Court of California

– If the DFEH seeks an award of emotional distress damages or an administrative fine, Respondent may transfer case to Superior Court

– The DFEH prosecutes the case, but does not represent the Complainant (Real Party in Interest)

Civil Litigation

Administrative Remedies

Fair Employment and Housing Commission– Reinstatement

– Back or front pay

– Out-of-pocket losses

– Affirmative relief (training, workplace policy implementation or changes)

– Emotional distress damages

– Administrative fine(s) (payable to the State General Fund – cannot be assessed against a public entity)

– Note: Emotional distress damages and administrative fine(s) are limited to a maximum total of $150,000 per Respondent

Civil Court Remedies

Superior Court of California– Reinstatement

– Back or front pay

– Out-of-pocket losses

– Affirmative relief (training, workplace policy implementation or changes) Emotional distress damages

– Punitive damages (cannot be assessed against a public entity)

– Note: The potential amount of emotional distress and punitive damage awards are unlimited

Right to Sue in Court Means

If Complainant obtains “right to sue” letter from the DFEH and litigates on his/her own, i.e., the DFEH Legal Division does not litigate the case, the Complainant’s potential remedies are identical to those above, in addition to:

– Reasonable attorney’s fees

– Expert witness fees and costs

Three-Year Plan

Improve Delivery of Public Service

Vigorous Enforcement of the Law

Expand Outreach to Stakeholders

Provide Civil Rights Leadership

Improve Delivery of Public Service

Automated Appointment System

Automated right-to-sue system

– Important to complainants, the system contains an explanation on the administrative consequences of electing private action

– www.dfeh.ca.gov

Vigorous Enforcement of the Law

Where violations are found, the Department will vigorously enforce the laws under our jurisdiction

Consistent with our civil rights mission, DFEH will be a leader in advancing the development of the law and in shaping public policy

– Director’s Complaints

– Class Complaints

– Co-Counsel with other agencies

Expand Outreach to Stakeholders

Continue to provide technical assistance and training to ensure full compliance with the laws under our jurisdiction.

Expand the Department’s outreach to:

– Civil and human rights organizations

– Employee and employer groups

– Tenant and landlord representatives

– Plaintiffs’ and defense bars

– Private and public sectors

– All stakeholders in our diverse state

Provide Civil Rights Leadership

DFEH will take a leadership role in celebrating the 50th anniversary of the Fair Employment and Housing Act in 2009

Plans contemplated to celebrate this historic marker of our vital Act– In partnership, sponsor events throughout state to

celebrate the advancement of the law in public and private sectors, model employers and businesses, unsung heroes, and the civil rights community

• Revitalize the Employment Roundtables

• Initiate Housing Roundtables

– Conduct studies to take measure of the Act’s many accomplishments as well as to strive for even greater achievements in the future

– Provide a blueprint for the next 50 years

After the Party

Issue DFEH Administrative Regulations in 2010

– Intake to issuance of accusation

– Hold hearings statewide

– Invite public comments and testimony

– File with Office of Administrative Law

– Promulgated as new section in California Code of Regulations

Work with Uswww.dfeh.ca.gov