The council shall have the following functions, powers, and duties:
(a)To adopt, promulgate, amend, and rescind suitable rules, regulations, and standards that do either of the following:
(1)Interpret, implement, and apply all provisions of this part, Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of this code, Sections 51, 51.5, 51.7, 54, 54.1, and 54.2 of the Civil Code, and Section 1197.5 of the Labor Code.
(A)As of January 1, 2017, Chapter 1 (commencing with Section 98000), Chapter 2 (commencing with Section 98100), and Chapter 3
(commencing with Section 98200) of Division 8 of Title 22 of the California Code of Regulations shall be transferred from the portion of the California Code of Regulations that is under the authority of the California Health and Human Services Agency to the portion of the California Code of Regulations that is under the authority of the department, and upon transfer shall be deemed adopted by the council.
(B)The council shall, within existing resources and pursuant to Chapter 3.5 (commencing with Section 11340), adopt additional regulations, as necessary, and amend or repeal, as necessary, regulations transferred to the department from the California Health and Human Services Agency relating to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1.
(2)Carry out all
other functions and duties of the council pursuant to this part.
(b)To meet at any place within the state and function in any office of the department.
(c)To create or provide technical assistance to any advisory agencies and conciliation councils, local or otherwise, as in its judgment will aid in effectuating the purposes of this part, and to empower them to study the problems of discrimination in all or specific fields of human relationships or in particular instances of employment discrimination on the bases enumerated in this part or in specific instances of housing discrimination on the bases enumerated in this part and to foster, through community effort or otherwise, good will, cooperation, and conciliation among the groups and elements of the population of the state
and to make recommendations to the Civil Rights Council for the development of policies and procedures in general except for procedural rules and regulations that carry out the investigation, prosecution, and dispute resolution functions and duties of the department. These
advisory agencies and conciliation councils shall be composed of representative persons, serving without pay.
(d)To hold hearings and issue publications, results of inquiries and research, and reports to the Governor and the Legislature that, in its judgment, will tend to aid in effectuating the purpose of this part, promote good will, cooperation, and conciliation, and minimize or eliminate unlawful discrimination, or advance civil rights in the State of California.
Notes of Decisions
Schifando v. City of Los Angeles, 79 P.3d 569 (Cal. 2003).
· cites it 2× “Code, § 12903), which performs adjudicatory and rulemaking functions (Gov.Code, § 12935). Employees who believe they have suffered discrimination under FEHA may file complaints with the Department within a one-year period.”
State Dep't of Health Servs. v. Superior Court, 79 P.3d 556 (Cal. 2003).
· cites it 2× “I have no reason to doubt these conclusions, but the FEHC may have a different perspective, based on its own regulatory experience, that would usefully supplement our own opinion based on general legal principles.”
Wills v. Superior Court, 195 Cal. App. 4th 143 (Cal. Ct. App. 2011).
“(Gov. Code, § 12935, subd. (a).) The foregoing demonstrates there is no uniform rule among the federal circuits regarding whether an employer may distinguish between disability-caused misconduct and the disability itself.”
Takahashi v. Bd. of Educ., 202 Cal. App. 3d 1464 (Cal. Ct. App. 1988).
“The Housing Commission performs adjudicatory and rulemaking functions (Gov. Code, § 12935). The second of the two administrative bodies created by the statute is the Department of Fair Employment and Housing (Department), whose function is to investigate, conciliate, and seek…”
Harris v. Civil Serv. Comm'n, 98 Cal. Daily Op. Serv. 6199 (Cal. Ct. App. 1998).
· cites it 2× “' (Gov.Code, § 12935, subd. (a)(1).) Here FEHC promulgated title 2, California [Code of Regulations], section 7287.”
Mogilefsky v. Superior Court of Los Angeles Cty., 93 Cal. Daily Op. Serv. 9165 (Cal. Ct. App. 1993).
“Loss of tangible job benefits shall not be necessary in order to establish harassment.” 4 The Legislature has vested the Fair Employment and Housing Commission with the power to “adopt, promulgate, amend, and rescind suitable rules, regulations, and standards .”
Ackerman v. W. Elec. Co., Inc., 643 F. Supp. 836 (N.D. Cal. 1986).
“The regulations promulgated pursuant to the statute, (Cal.Gov.Code § 12935(a)), which the Court accepts as binding, 3 provide that a prima facie case of physical handicap discrimination is established “by showing that an employment practice denies .”
Swartzendruber v. City of San Diego, 92 Cal. Daily Op. Serv. 1473 (Cal. Ct. App. 1992).
“Code, § 12930), and the Fair Employment and Housing Commission, which performs adjudicatory and rulemaking functions (Gov. Code, § 12935; see also Gov. Code, § 12903).”
— Cal. Government Code § 12935(a) — 2 cases
Ackerman v. W. Elec. Co., Inc., 643 F. Supp. 836 (N.D. Cal. 1986).
“The regulations promulgated pursuant to the statute, (Cal.Gov.Code § 12935(a)), which the Court accepts as binding, 3 provide that a prima facie case of physical handicap discrimination is established “by showing that an employment practice denies .”
— Cal. Government Code § 12935(a)(1) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.