California Government Code 12962 – (a) The department shall cause any verified complaint filed for …
(a) The department shall cause any verified complaint filed for investigation under the provisions of this part to be served upon the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of in any of the following ways:
(1) In the manner specified in Section 415.20 of the Code of Civil Procedure.
Terms Used In California Government Code 12962
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Civil Rights Department. See California Government Code 12925
- Director: means the Director of Civil Rights. See California Government Code 12925
- Employment agency: includes any person undertaking for compensation to procure employees or opportunities to work. See California Government Code 12926
- Labor organization: includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. See California Government Code 12926
- Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 12925
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(2) In the manner specified in Section 415.30 of the Code of Civil Procedure.
(3) In the manner specified in Section 1010.6 of the Code of Civil Procedure.
(4) In any other manner specified in the Code of Civil Procedure.
(5) Personally.
(6) By certified mail with return receipt requested.
(b) Notwithstanding subdivision (a), if a person claiming to be aggrieved by an alleged unlawful practice hires or retains private counsel for purposes of representation of the claim, the private counsel, and not the department, shall cause the verified complaint filed under the provisions of this part to be served upon the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice in any of the following ways:
(1) In the manner specified in Section 415.20 of the Code of Civil Procedure.
(2) In the manner specified in Section 415.30 of the Code of Civil Procedure.
(3) In the manner specified in Section 1010.6 of the Code of Civil Procedure.
(4) In any other manner specified in the Code of Civil Procedure.
(5) Personally.
(6) By certified mail with return receipt requested.
(c) Service shall be made at the time of initial contact with the person, employer, labor organization, or employment agency or the agents thereof, or within 60 days, whichever first occurs. At the discretion of the director, the complaint may not contain the name of the complaining party unless the complaint is filed by the director or the director’s authorized representative.
(Amended by Stats. 2021, Ch. 278, Sec. 5. (SB 807) Effective January 1, 2022.)