Governor Schwarzenegger Phyllis W. Cheng

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Employment Complaint Flow Chart


 
  Initial inquiry to DFEH Communication Center  
 
 
  Intake interview  
 
 
  After interview, complainant decides not to pursue  
 
 
  Complaint filed, registered, and served*  
 
 
  Non-jurisdictional cases and those not supporting further inquiry are closed  
 
 
  Pre-determination resolution explored  
 
 
  If resolved, case closed  
 
 
  Investigation  
 
 
  If no provable violation, case closed  
 
 
  If investigation shows a provable violation, resolution attempted  
 
 
  If settled, case closed  
 
 
  Formal conciliation if resolution effort unsuccessful  
 
 
  If conciliation successful, case closed  
 
 
  Accusation issued and Administrative Hearing or Lawsuit**  
 
 
  Either party can elect to have the Department litigate in court in lieu of an administrative hearing  
 

* Where there is concurrent jurisdiction with the EEOC, the complaint is dual filed and referred. The complaint will be investigated by DFEH.
** If emotional distress damages or administrative fines are sought in a DFEH accusation, the Respondent may elect to have the case litigated in civil court.