DFEH UPDATE

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DFEH UPDATE

• Phyllis W. Cheng Director
• California Department of Fair Employment and
  Housing
• www.dfeh.ca.gov

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Mission and Jurisdiction

• To protect Californians from employment, housing
  and public accommodations discrimination, and
  hate violence.
• Fair Employment and Housing Act (Gov. Code,
  12900 et seq.).
• Disabled Persons Act (Civ. Code, 54 et seq.).
• Unruh Civil Rights Act (Civ. Code, 51 et seq.).
• Ralph Civil Rights Act (Civ. Code, 51.7).

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DFEH Innovations and Efficiencies

• Automation implemented appointment and
  Right-to-Sue systems deploying new cloud-based
  Case Management System.
• Intake reform implement telephone intake cease
  in-person intake .
• Office consolidations 50 overhead reductions.
• Staff development monthly training no layoffs
  50 promotions.
• Triage investigations developed case grading
  system to triage cases.
• Target systemic discrimination Reestablish
  Special Investigations Unit.
• Maximize statutory authority file Directors,
  group/class complaints.
• Dispute resolution develop new Mediation
  Division.
• Regulatory reform Issue procedural regulations
  and rescind underground regulations.
• New partnerships DFEH-UCCSUCommunity College
  clinical programs training future civil rights
  lawyers investigators pipeline program.
• Outreach in-person, webinars and social media
  outreach.
• Contract compliance revitalizing Office of
  Compliance Programs.

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Budget
Staffing
Complaints
Settlements
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Effects of Case Grading
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Effects of Case Grading, SIU and Mediation
Innovations
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• DFEH v. Verizon6 Million Class Action Settlement
  
• On January 19, 2012, Los Angeles Superior Court
  Judge Anthony J. Mohr gave final approval of the
  6,011,190 California Family Rights Act (CFRA)
  class action settlement in Dept. Fair Empl.
  Hous. v. Verizon (Seales) (Super. Ct. L.A.
  County, No. BC444066).
• The final settlement resulted in payment of
  4,490,041 from the maximum settlement amount to
  687 qualified claimants as follows
• Tier 1 Claimants who experienced improper
  denial of their application for leave under the
  California Family Rights Act will receive a check
  for 3,000
• Tier 2 Claimants who were subject to discipline
  for poor attendance due to absences under the
  California Family Rights Act will receive a check
  for 6,000.
• Tier 3 Claimants who were terminated or
  constructively terminated in violation of the
  California Family Rights Act will receive a check
  for 25,000 or more.

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DFEH Clinical Programs

• DFEH-UC Irvine School of Law Civil Rights Clinic.
• DFEH-UCD Davis School of Law Employment
  Discrimination Program.
• DFEH-CSU Bakersfield Graduate School Civil Rights
  Clinic.
• DFEH-College of the Canyons Civil Rights Clinic.
• DFEH-Rio Hondo College Housing Rights Clinic.
• DFEH Civil Rights Graduate Fellowships (Graduate
  Legal Assistant Program).

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DFEH Procedural Regulations

• California Code of Regulations, title 2, sections
  10000-100066.
• Citable.
• Intake to accusation.
• Most DFEH Directives rescinded.

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DFEH Outreach

• In-person outreach 2008-2011 516 events.
• Employment Round Tables.
• Web site www.dfeh.ca.gov.
• Webinars MCLE and HRCI provider.
• New Fairtimes Newsletter , Monthly Calendars, and
  Listserv.
• State Bar Case Law Alert Articles Labor
  Employment and Real Property Law Section
  Executive Committees Fair Housing Public
  Accommodations Subsection Rutter Guide Matthew
  Bender.
• Social media YouTube, Facebook, LinkedIn,
  Twitter.

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Fair Employment and Housing Commission

• SB 1038 (Stat. 2012, ch. 46) signed into law
  by Governor Edmund G. Brown, Jr., on June 27,
  2012 would
• Eliminate the Fair Employment and Housing
  Commission effective January 1, 2013, resulting
  in General Fund savings of 391,000 in FY 2012-13
  and 784,000 in FY 2013-14 and ongoing.
• Create a Fair Employment and Housing Council
  within and staffed by the DFEH to promulgate
  regulations. Council to include 7 members
  appointed by the Governor and confirmed by the
  Senate, along with the DFEH Director as
  non-voting ex officio member.
• Authorize the DFEH to prosecute cases directly in
  court and to collect attorneys fees and costs.
  Every case targeted for prosecution by the DFEH
  must undergo free mandatory dispute resolution in
  the Departments Dispute Resolution Division.
  The DFEH would receive 1.5 staff counsel
  positions for dispute resolution work.

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www.dfeh.ca.govcontact.center_at_dfeh.ca.gov(800)
884-1684Videophone [phone]