Cal. Codes » Government Code / TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA / DIVISION 3. EXECUTIVE DEPARTMENT / PART 2.8. CIVIL RIGHTS DEPARTMENT / CHAPTER 7. Enforcement and Hearing Procedures / ARTICLE 1. Unlawful Practices
California Codes

Cal. Government Code § 12963.7 (2026)

✓ current as of May 2026
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(a)If the department determines after investigation that the complaint is valid, the department shall immediately endeavor to eliminate the unlawful employment practice complained of by conference, conciliation, and persuasion. The staff of the department shall not disclose what has transpired in the course of any endeavors to eliminate the unlawful employment practice through conference, conciliation, and persuasion.

(b)Any member of the staff of the department who discloses information in violation of the requirements of this section is guilty of a misdemeanor. Such disclosure by an employee subject to civil service shall be cause for disciplinary action under the State Civil Service Act.

Notes of Decisions
Cited in 11 cases, 1982–2020 · leading case: Johnson v. City of Loma Linda, 5 P.3d 874 (Cal. 2000).
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Johnson v. City of Loma Linda, 5 P.3d 874 (Cal. 2000). · cites it 2× “(Gov.Code, § 12963.7.) The DFEH may also issue an accusation in its own name to be heard by the Fair Employment and Housing Commission (FEHC).”
Commodore Home Sys., Inc. v. Superior Court, 649 P.2d 912 (Cal. 1982). · cites it 2× “" (Gov. Code, § 12963.7, subd. (a).) The majority does not reach the question whether the commission itself is empowered to award punitive damages in employment discrimination cases but, as I have explained, a resolution of that issue is critical to a correct determination of…”
Snipes v. City of Bakersfield, 36 Fair Empl. Prac. Cas. (BNA) 1070 (Cal. Ct. App. 1983). “” (Gov. Code, § 12963.7, subd. (a).) “. . . [T]here is no right to sue, even after conciliation breaks down, unless the Department fails to file an accusation before the Commission.”
Mahoney v. Crocker Nat'l Bank, 571 F. Supp. 287 (N.D. Cal. 1983). “Cal.Govt.Code § 12963.7. If conference, conciliation or persuasion are not successful in eliminating the unlawful employment practice, a written accusation may be issued in the name of the Department, and the Fair Employment and Housing Commission then holds a hearing on the…”
Swartzendruber v. City of San Diego, 92 Cal. Daily Op. Serv. 1473 (Cal. Ct. App. 1992). “Code, § 12960), which must promptly investigate (Gov. Code, § 12963).”
Sandhu v. Lockheed Missiles & Space Co., 94 Cal. Daily Op. Serv. 5267 (Cal. Ct. App. 1994). “) Victims of discrimination file complaints with DFEH (Gov. Code, § 12960) which must promptly investigate (Gov.”
Martin v. Fisher, 92 Cal. Daily Op. Serv. 9527 (Cal. Ct. App. 1992). “” (Gov. Code, § 12963.7.) In the present case, the DFEH did not determine that the complaint was valid.”
Myers v. Mobil Oil Corp., 53 Fair Empl. Prac. Cas. (BNA) 1352 (Cal. Ct. App. 1985). · cites it 2× “) Based upon its determination following investigation that the complaint is valid, the Department must “immediately endeavor to eliminate the unlawful employment practice complained of by conference, conciliation, and persuasion” (Gov. Code, § 12963.7), which, if successful,…”
Dyna-Med, Inc. v. Fair Emp. & Hous. Comm'n, 743 P.2d 1323 (Cal. 1987). · cites it 2× “' (Gov. Code, § 12963.7, subd. (a).)" Moreover, given the substantial volume of complaints received by the Department, if it pursued only the strongest cases with the most egregious FEHA violations, then ironically claimants with weaker cases who could afford to pursue judicial…”
Wood v. Super. Ct. (Cal. Ct. App. 2020). “" (Gov. Code, § 12963.7, subd. (a).) If this attempt fails, DFEH may, in its discretion, "bring a civil action in the name of the department on behalf of the person claiming to be aggrieved.”
Wood v. Super. Ct. (Cal. Ct. App. 2020). “" (Gov. Code, § 12963.7, subd. (a).) If this attempt fails, DFEH may, in its discretion, "bring a civil action in the name of the department on behalf of the person claiming to be aggrieved.”
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