SECTIONS 12930-12933 - California Statutes

GOVERNMENT CODE

SECTION 12930-12933

12930. The department shall have the following functions, powers,
and duties:
(a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
(b) To meet and function at any place within the state.
(c) To appoint attorneys, investigators, conciliators, and other
employees as it may deem necessary, fix their compensation within the
limitations provided by law, and prescribe their duties.
(d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
(e) To adopt, promulgate, amend, and rescind suitable rules and
regulations to carry out the functions and duties of the department
pursuant to this part.
(f) (1) To receive, investigate, and conciliate complaints
alleging practices made unlawful pursuant to Chapter 6 (commencing
with Section 12940).
(2) To receive, investigate, and conciliate complaints alleging a
violation of Section 51 , 51.5, 51.7, 54, 54.1, or 54.2 of the Civil
Code. The remedies and procedures of this part shall be independent
of any other remedy or procedure that might apply.
(g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
(1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
(2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
(3) To issue written interrogatories.
(4) To request the production for inspection and copying of books,
records, documents, and physical materials.
(5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
(h) To issue accusations pursuant to Section 12965 or 12981 and to
prosecute those accusations before the commission.
(i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, marital status,
national origin, ancestry, familial status, disability, or sexual
orientation.
(j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.
(k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.

12931. The department may also provide assistance to communities
and persons therein in resolving disputes, disagreements, or
difficulties relating to discriminatory practices based on race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, familial status, age, or sexual orientation that impair the
rights of persons in those communities under the Constitution or laws
of the United States or of this state. The services of the
department may be made available in cases of these disputes,
disagreements, or difficulties only when, in its judgment, peaceful
relations among the citizens of the community involved are threatened
thereby. The department's services are to be made available only
upon the request of an appropriate state or local public body, or
upon the request of any person directly affected by any such dispute,
disagreement, or difficulty.
The assistance of the department pursuant to this section shall be
limited to endeavors at investigation, conference, conciliation, and
persuasion.

12932. (a) The Legislature recognizes that the avoidance of
discriminatory practices in the employment of disabled persons is
most effectively achieved through the ongoing efforts of state
agencies involved in the vocational rehabilitation and job placement
of the disabled. The department may utilize the efforts and
experience of the Department of Rehabilitation in the development of
job opportunities for the disabled by requesting the Department of
Rehabilitation to foster good will and to conciliate on employment
policies with employers who, in the judgment of the department, have
employment practices or policies that discriminate against disabled
persons. Nothing contained in this paragraph shall be construed to
transfer any of the functions, powers, or duties from the department
to the Department of Rehabilitation.
(b) The activities of the department in providing conciliation
assistance shall be conducted in confidence and without publicity,
and the department shall hold confidential any information acquired
in the regular performance of its duties upon the understanding that
it would be so held.
(c) No employee of the department shall engage in the performance
of investigative or prosecuting functions of any department or agency
in any litigation arising out of a dispute in which he or she acted
on behalf of the department. Any employee of the department, who
makes public in any manner whatever any information in violation of
this subdivision, is guilty of a misdemeanor and, if a member of the
state civil service, shall be subject to disciplinary action under
the State Civil Service Act (Part 2 (commencing with Section 18500)
of Division 5 of Title 2).
(d) When contacted by the department, employers, labor
organizations, or employment agencies shall be informed whether a
particular discussion, or portion thereof, constitutes either of the
following:
(1) Endeavors at conference, conciliation, and persuasion which
may not be disclosed by the department or received in evidence in any
formal hearing or court action.
(2) Investigative processes, which are not so protected.

12933. The department shall maintain liaison with the human
relations commissions of cities, counties, and any city and county,
and shall provide any information not designated by law as
confidential to such commissions on request.