Comments on: DFEH Allows Employees To Obtain Immediate Right-To-Sue Online http://blog.griegolaw.com/2008/06/26/dfeh-allows-employees-to-obtain-immediate-right-to-sue-online/ Updates and insights regarding California Employment Law Wed, 25 Jan 2012 17:30:42 +0000 hourly 1 http://wordpress.com/ By: Rob http://blog.griegolaw.com/2008/06/26/dfeh-allows-employees-to-obtain-immediate-right-to-sue-online/#comment-1522 Wed, 31 Mar 2010 21:47:32 +0000 http://calemploymentlaw.wordpress.com/?p=86#comment-1522 Government Code Section 12965 says that if an accusation is not issued within 150 days after the filing of a complaint, or “if the department earlier determines that no accusation will issue,” the department must must notify the complainant “that the department shall issue, on his or her request, the right-to-sue notice.” If the complainant does not request a right-to-sue notice the department must issue the notice “upon completion of its investigation, and not later than one year after the filing of the complaint.”

If a complainant asks for an immediate right-to-sue the DFEH knows it will not issue an accusation. Therefore the DFEH can issue a right-to-sue notice immediately upon the complainant’s request.

There are several cases that say the scope of the investigation is within the discretion of the DFEH. The DFEH has long interpreted these decisions and their ability to issue a right-to-sue notice upon request as giving them the right to issue the notice even if no investigation is conducted. See, e.g. http://www.dfeh.ca.gov/DFEH/Publications/directives/DFEH-Directive234.pdf

]]> By: Patrick Sutton http://blog.griegolaw.com/2008/06/26/dfeh-allows-employees-to-obtain-immediate-right-to-sue-online/#comment-1318 Sat, 10 Jan 2009 06:13:48 +0000 http://calemploymentlaw.wordpress.com/?p=86#comment-1318 Where is the statutory authority for the DFEH to issue immediate right-to-sue letters? Am I right in concluding that there is no express authority? The DFEH says in its Enforcement Division Directive that “it is the Department’s position that restricted staff resources make it impossible to complete a full investigation and determine whether to issue an accusation within 150 days.”

Thus, it sounds to me like the DFEH just decided it had the authority to bypass the investigation and simply issue a right-to-sue letter because if the plaintiff waited the whole year the DFEH would still have to issue the letter. Is this your understanding too?

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