Chapter 3 – Personnel, Training, and Employee Relations

31010.9.4 External Complaint

• All persons covered by this policy may elect to file a discrimination complaint with the following external compliance agencies:

  • The California Civil Rights Department (CRD) – A complainant may file with CRD within three (3) years from the date the discrimination occurred.

  • United States (U.S.United States) Equal Employment Opportunity Commission (EEOCU.S. Equal Employment Opportunity Commission) – A complainant may file a discrimination complaint with EEOCU.S. Equal Employment Opportunity Commission within 300 days from the date the discrimination occurred.

  • U.S.United States Department of Labor – A complaint filed with the U.S.United States Department of Labor should be filed within a reasonable time of when the employee discovers that their Family and Medical Leave Act (FMLA) rights have been violated. In no event may a complaint be filed more than two years after the action which is alleged to be a violation of FMLA occurred, or three years in the case of a willful violation.

• When a charge of discrimination is received from external compliance agencies, OCROffice of Civil Rights (see OIA) shall review the charge to determine the appropriate course of action and take suitable corrective action where appropriate. On behalf of CDCRCalifornia Department of Corrections and Rehabilitation, the OCROffice of Civil Rights (see OIA) shall submit a position statement, including a response to the requested supplemental information to the external compliance agencies.