California · Government Code

GOV §12962: (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

Civil

What this law says, in plain English

This statute prescribes procedures for serving verified complaints alleging unlawful employment practices on the accused party, either by the department or by private counsel retained by the complainant.

Read the full statutory text

(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. (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.

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