The DFEH has announced a three year plan to reinvigorate the Department.
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DISCRIMINATION UPDATE
New Director Aims To Reinvigorate
Department of Fair Employment and Housing
By Christopher W. Olmsted
California’s civil rights agency, the Department of Fair Employment and Housing has announced an ambitious three year plan to step up enforcement of the state’s antidiscrimination laws.
The DFEH’s director, Phyllis Cheng, announced the plan at a presentation given on June 26, 2008 before members of the San Diego County Bar Association’s Employment Law Section.
Ms. Cheng, who was appointed by Governor Schwarzenegger earlier this year, plans to increase the number of “director’s complaints” filed each year. Typically, Fair Employment and Housing Act complaints are initiated by employees. But the law also permits the director to initiate claims.
For example, the DFEH recently sued insurance companies who announced they would refuse to provide coverage to same-sex couples. It has also sued a trucking firm in Riverside that allegedly used pre-employment questionnaires to filter out applicants with medical conditions. “We are looking for cases that private attorneys won’t take,” said Cheng.
Additionally, the DFEH intends to increase the number of class action complaints and “high impact” cases. Even more cases will result when the DFEH implements a plan to join forces with the EEOC and other civil rights agencies. The DFEH plans to prosecute aspects of such cases that are outside the reach of federal law.
The resources to pursue these claims will become available, in part, by increasing the efficiency of the agency in other areas.
The DFEH plans to streamline the claim process. Previously, employees had to schedule an office appointment at a regional DFEH office to initiate a complaint. Under the updated procedure, employees may visit the DFEH website to schedule an appointment. Moreover, in-person appointments will soon be unnecessary; the DFEH will allow telephone in-take interviews. Initially, four of the ten DFEH offices will accept telephonic in-takes.
The DFEH will also automate the right to sue system. Usually when an employee is represented by counsel, they do not want the DFEH to investigate. Instead, they request a “right to sue” letter. This letter is a prerequisite to filing a civil lawsuit in court. In fact, the majority of claims are processed this way. “Of the 16,000 employment claims filed each year, about 9,000 of them are filed by employees represented by counsel who want a right to sue letter,” noted Ms. Cheng. Implementing an automated online right to sue system will free up DFEH staff to work up more discrimination investigations.
As a clearinghouse of sorts for discrimination lawsuits, the DFEH can track trends in claims of illegal employer conduct. Ms. Cheng noted an increase in the number of disability claims filed with the DFEH. In fact, in 2007 43% of all FEHA claims were disability related, far surpassing any other protected class. “I also expect that given the California Supreme Court’s recent ruling on same-sex marriages, we will see an increase in sexual orientation and transgender discrimination claims,” predicted Cheng.
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Download entire July 2008 Legal Update in PDF format.
This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2008 by Barker Olmsted & Barnier, APLC. San Diego, California. All rights reserved.
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