SECTIONS 12960-12976 - California Statutes

GOVERNMENT CODE

SECTION 12960-12976

12960. (a) The provisions of this article govern the procedure for
the prevention and elimination of practices made unlawful pursuant to
Article 1 (commencing with Section 12940) of Chapter 6.
(b) Any person claiming to be aggrieved by an alleged unlawful
practice may file with the department a verified complaint, in
writing, that shall state the name and address of the person,
employer, labor organization, or employment agency alleged to have
committed the unlawful practice complained of, and that shall set
forth the particulars thereof and contain other information as may be
required by the department. The director or his or her authorized
representative may in like manner, on his or her own motion, make,
sign, and file a complaint.
(c) Any employer whose employees, or some of them, refuse or
threaten to refuse to cooperate with the provisions of this part may
file with the department a verified complaint asking for assistance
by conciliation or other remedial action.
(d) No complaint may be filed after the expiration of one year
from the date upon which the alleged unlawful practice or refusal to
cooperate occurred, except that this period may be extended as
follows:
(1) For a period of time not to exceed 90 days following the
expiration of that year, if a person allegedly aggrieved by an
unlawful practice first obtained knowledge of the facts of the
alleged unlawful practice after the expiration of one year from the
date of their occurrence.
(2) For a period of time not to exceed one year following a
rebutted presumption of the identity of the person's employer under
Section 12928, in order to allow a person allegedly aggrieved by an
unlawful practice to make a substitute identification of the actual
employer.
(3) For a period of time, not to exceed one year from the date the
person aggrieved by an alleged violation of Section 51.7 of the
Civil Code becomes aware of the identity of a person liable for the
alleged violation, but in no case exceeding three years from the date
of the alleged violation if during that period the aggrieved person
is unaware of the identity of any person liable for the alleged
violation.
(4) For a period of time not to exceed one year from the date that
a person allegedly aggrieved by an unlawful practice attains the age
of majority.

12961. Where an unlawful practice alleged in a verified complaint
adversely affects, in a similar manner, a group or class of persons
of which the aggrieved person filing the complaint is a member, or
where such an unlawful practice raises questions of law or fact which
are common to such a group or class, the aggrieved person or the
director may file the complaint on behalf and as representative of
such a group or class. Any complaint so filed may be investigated as
a group or class complaint, and, if in the judgment of the director
circumstances warrant, shall be treated as such for purposes of
conciliation and accusation. Where an accusation is issued as a group
or class accusation, the case shall be treated as a group or class
case for all other purposes of this part, including, but not limited
to, hearing, determination, reconsideration, and judicial
proceedings.

12962. (a) The department shall cause any verified complaint filed
for investigation under the provisions of this part to be served,
either personally or by certified mail with return receipt requested,
upon the person, employer, labor organization, or employment agency
alleged to have committed the unlawful practice complained of.
(b) Notwithstanding subdivision (a), where 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, either
personally or by certified mail with return receipt requested, upon
the person, employer, labor organization, or employment agency
alleged to have committed the unlawful practice.
(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 his or her authorized representative.

12963. After the filing of any complaint alleging facts sufficient
to constitute a violation of any of the provisions of this part, the
department shall make prompt investigation in connection therewith.

12963.1. Upon the filing of a complaint under Section 12960, 12961,
or 12980:
(a) The department may issue and serve upon an individual,
corporation, partnership, association, public entity, or other
organization subpoenas to require the attendance and testimony of
witnesses by deposition or otherwise, and in connection therewith, to
require the production of books, records, documents, and physical
materials in the possession of, or under the control of, the
individual or organization named on the subpoena.
(b) A subpoena shall be served by delivering a copy of the
subpoena to the individual named on the subpoena or to any person who
would be eligible to receive service of summons on behalf of the
individual or organization named on the subpoena, as provided in
Sections 416.10 through 416.90 of the Code of Civil Procedure. A
subpoena issued to a person, employer, labor organization, employment
agency, or public entity alleged to have committed an unlawful
practice in a complaint filed under Section 12960 or 12961 may also
be delivered to the agent or representative who has responded to the
department concerning the complaint on behalf of such person,
employer, labor organization, employment agency, or public entity.
The copy of the subpoena may be delivered by personal service, by
substituted service in accordance with Section 415.20 of the Code of
Civil Procedure, or by certified mail. The affidavit of the
individual serving the subpoena setting forth the manner of such
service, along with the return post office receipt in the case of
mail service, shall be sufficient proof of such service.
(c) A subpoena for appearance and production of books, records,
documents, and physical materials shall identify with reasonable
particularity the things that are to be produced. The subpoena need
not be accompanied by an affidavit showing good cause or the
materiality of the things sought to be produced.
(d) A subpoena for appearance and testimony at a deposition or
other proceeding issued to a corporation, partnership, association,
public entity, or other organization shall state with reasonable
particularity the matters on which testimony is sought. The
organization served with such a subpoena shall have the obligation of
producing as a witness one or more officers, directors, managing
agents, or other individuals to testify on its behalf as to the
matters specified in the subpoena.
(e) Service of a subpoena shall be made so as to allow the
recipient of the subpoena a reasonable time for compliance. No
individual named on a subpoena shall be obliged to attend as a
witness before the department at a place out of the county in which
that person resides, unless the distance is less than 150 miles from
the individual's place of residence or good cause appears why
attendance of the witness at greater distance should be required.
Each witness who has appeared pursuant to a subpoena shall, upon
demand, be paid by the department the same fees and mileage allowed
by law to witnesses in civil cases.

12963.2. Upon the filing of a complaint under Section 12960, 12961,
or 12980:
(a) The department may issue and serve written interrogatories on
the same individuals and organizations and in the same manner as
subpoenas may be issued and served under Section 12963.1. Any
corporation, partnership, association, public entity, or other
organization to which interrogatories are issued has the obligation
of designating one or more officers, directors, managing agents, or
other individuals to answer the interrogatories on the organization's
behalf.
(b) Within 30 days after the service of the interrogatories, or
such longer time as the department may permit, the recipient of the
interrogatories shall serve on the department written answers either
responding fully or stating any objection to each interrogatory
separately. The answers shall be made under oath and shall be signed
by each individual making them, and the answers shall identify which
individual has responded to each interrogatory.
(c) When in order to answer an interrogatory it is necessary to
make a compilation, abstract, audit, or summary of the business
records of the recipient of the interrogatory and such a compilation,
abstract, audit, or summary does not exist or is not in the
possession or under the control of the recipient, it shall be a
sufficient answer to the interrogatory to so state and to specify the
records from which the answer may be derived or ascertained and to
afford the department reasonable opportunity to inspect and copy or
make compilations, abstracts, or summaries from such records.

12963.3. (a) Depositions taken by the department shall be noticed
by issuance and service of a subpoena pursuant to Section 12963.1.
If, in the course of the investigation of a complaint, a subpoena is
issued and served on an individual or organization not alleged in the
complaint to have committed an unlawful practice, written notice of
the deposition shall also be mailed by the department to each
individual or organization alleged in the complaint to have committed
an unlawful practice.
(b) A deposition may be taken before any officer of the department
who has been authorized by the director to administer oaths and take
testimony, or before any other person before whom a deposition may
be taken in a civil action pursuant to Section 2025.320 or
subdivision (d) of Section 2026.010 of the Code of Civil Procedure.
The person before whom the deposition is to be taken shall put the
witness on oath and shall personally, or by someone acting under the
person's direction and in the person's presence, record the testimony
of the witness. The testimony shall be taken stenographically and
transcribed unless the parties agree otherwise. All objections made
at the time of the examination shall be noted on the deposition by
the person before whom the deposition is taken, and evidence objected
to shall be taken subject to the objections.

12963.4. (a) The department may issue and serve requests for
production for inspection and copying of books, records, documents,
and physical materials in the possession or under the control of an
individual or organization. A request for production may be issued
and served on the same individuals and organizations and in the same
manner as subpoenas may be issued and served under Section 12963.1.
(b) A request for production shall identify with reasonable
particularity the things that are to be inspected and shall specify a
reasonable time, place, and manner of making the inspection and
performing the copying, and may prescribe such terms and conditions
as are just.
(c) Within 15 days after service of a request for production or
such longer time as the department may permit, the recipient of the
request shall serve on the department a written response with respect
to each item requested, either stating that inspection and copying
will be permitted as requested or objecting to the request and
stating the grounds of the objection. Unless a request for production
is objected to, the recipient of the request shall thereafter permit
the inspection and copying requested by the department.

12963.5. (a) The superior courts shall have jurisdiction to compel
the attendance and testimony of witnesses, the production of books,
records, documents, and physical materials, and the answering of
interrogatories. If an individual or organization fails to comply
with a subpoena, interrogatory, request for production, or
examination under oath by refusing to respond fully or objecting
thereto, or by obstructing any proceeding before the department, the
department may file with a superior court a petition for an order
compelling compliance, naming as respondent the individual or
organization that has failed to comply. Such an action may be brought
in any county in which the department's investigation or inquiry
takes place, but if the respondent is not found within any such
county, such an action may be brought in the county of the respondent'
s residence or principal office.
(b) The petition shall describe the inquiry or investigation
before the department, the basis for its jurisdiction therein, and
state facts showing that the subpoena, interrogatory, request for
production, or examination under oath was issued or carried out in
accordance with the requirements of this part, that the information
sought was identified with sufficient particularity to permit
response and is reasonably relevant to the inquiry or investigation
before the department, and that the respondent has failed to comply.
If the petition sets forth good cause for relief, the court shall
issue an order to show cause to the respondent; otherwise the court
shall enter an order denying the petition. The order to show cause
shall be served, along with the department's petition, on the
respondent in the same manner as summons must be served in civil
actions, and the order shall be returnable not less than 10 days from
its issuance nor later than 45 days after the filing of the
petition. The respondent shall have the right to serve and file a
written answer or other response to the petition and order to show
cause.
(c) Unless otherwise stipulated by the parties, the court shall no
later than 30 days after the filing of the petition file its order
granting or denying the petition. However, the court may on its own
motion for good cause extend such time an additional 30 days. If the
order grants the petition in whole or part, the order shall set forth
the manner in which the respondent shall comply and the period of
time following the effective date of the order within which such
compliance is required. A copy of the order shall be served by mail
by the clerk upon the parties. If the order grants the petition in
whole or in part, the order shall not become effective until 10 days
after it is served. If the order denies the petition, it shall become
effective on the date it is served.
(d) The order of the superior court shall be final and not subject
to review by appeal. A party aggrieved by such order, or any part
thereof, may within 15 days after the service of the superior court's
order, serve and file in the appropriate court of appeal a petition
for a writ of mandamus to compel the superior court to set aside or
otherwise modify its order. If or whenever such review is sought from
an order granting discovery, the order of the trial court shall be
stayed upon the filing of the petition for a writ of mandamus,
provided, however, the court of appeal may dissolve or modify the
stay thereafter if it is in the public interest to do so. If or
whenever such review is sought from a denial of discovery, the trial
court's order shall not be stayed by the court of appeal except upon
a clear showing of probable error.
(e) Within 15 days after the end of the compliance period
specified in the final order of the superior court, after the
exhaustion of any challenges to the order in higher courts, the
department shall in writing certify to the court either that the
order has been complied with or that the respondent has failed to
comply. A copy of the certified statement shall be served on the
respondent by personal delivery or certified mail. After receipt of a
certified statement indicating the respondent's failure to comply
with the order, the court may compel obedience to its order by
contempt proceedings, and by making such additional orders as may be
appropriate. Following such proceedings, the department shall, within
15 days after the respondent complies with the original order of the
court, certify in writing to the court that such order has been
complied with. A copy of the certified statement shall be served on
the respondent by personal delivery or certified mail.
(f) The period of time within which the department is directed to
file an accusation by Section 12965 shall be extended by the length
of the period between the filing of a petition under this section and
either (1) the final effective date, after the exhaustion of any
challenges to the original order in higher courts, of an order of the
superior court denying the petition, or (2) the filing by the
department of a certified statement, pursuant to subdivision (e),
indicating the respondent's compliance with the order of the superior
court granting the petition in whole or in part, whichever occurs
later.

12963.7. (a) If the department determines after investigation that
the complaint is valid, the department shall immediately endeavor to
eliminate the unlawful employment practice complained of by
conference, conciliation, and persuasion. The staff of the department
shall not disclose what has transpired in the course of any
endeavors to eliminate the unlawful employment practice through
conference, conciliation, and persuasion.
(b) Any member of the staff of the department who discloses
information in violation of the requirements of this section is
guilty of a misdemeanor. Such disclosure by an employee subject to
civil service shall be cause for disciplinary action under the State
Civil Service Act.

12964. Any agreement entered into by conference, conciliation and
persuasion shall be reduced to writing, signed by all parties, and
approved by the director or the authorized representative of the
director. Within one year of the effective date of every agreement,
the department shall conduct a compliance review to determine whether
the agreement has been fully obeyed and implemented. Whenever the
department believes, on the basis of evidence presented to it, that
any person is violating or about to violate any agreement, the
department may bring an action in the superior court against the
person to enjoin him or her from continuing or engaging in the
violation, or from doing anything in furtherance of the violation. In
the action an order or judgment may be entered awarding a temporary
restraining order or a preliminary or final injunction as may be
proper. The action may be brought in any county in which actions may
be brought under subdivision (b) of Section 12965. In resolving
allegedly unlawful practices through conciliation the resolutions may
be in the nature of, but are not limited to, types of remedies that
might be ordered after accusation and hearing.

12965. (a) In the case of failure to eliminate an unlawful practice
under this part through conference, conciliation, or persuasion, or
in advance thereof if circumstances warrant, the director in his or
her discretion may cause to be issued in the name of the department a
written accusation. The accusation shall contain the name of the
person, employer, labor organization, or employment agency accused,
which shall be known as the respondent, shall set forth the nature of
the charges, shall be served upon the respondent together with a
copy of the verified complaint, as amended, and shall require the
respondent to answer the charges at a hearing.
For any complaint treated by the director as a group or class
complaint for purposes of investigation, conciliation, and accusation
pursuant to Section 12961, an accusation shall be issued, if at all,
within two years after the filing of the complaint. For any
complaint alleging a violation of Section 51.7 of the Civil Code, an
accusation shall be issued, if at all, within two years after the
filing of the complaint. For all other complaints, an accusation
shall be issued, if at all, within one year after the filing of a
complaint. If the director determines, pursuant to Section 12961,
that a complaint investigated as a group or class complaint under
Section 12961 is to be treated as a group or class complaint for
purposes of conciliation and accusation as well, that determination
shall be made and shall be communicated in writing within one year
after the filing of the complaint to each person, employer, labor
organization, employment agency, or public entity alleged in the
complaint to have committed an unlawful practice.
(b) If an accusation is not issued within 150 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify, in
writing, the person claiming to be aggrieved that the department
shall issue, on his or her request, the right-to-sue notice. This
notice shall indicate that the person claiming to be aggrieved may
bring a civil action under this part against the person, employer,
labor organization, or employment agency named in the verified
complaint within one year from the date of that notice. If the person
claiming to be aggrieved does not request a right-to-sue notice, the
department shall issue the notice upon completion of its
investigation, and not later than one year after the filing of the
complaint. A city, county, or district attorney in a location having
an enforcement unit established on or before March 1, 1991, pursuant
to a local ordinance enacted for the purpose of prosecuting HIV/AIDS
discrimination claims, acting on behalf of any person claiming to be
aggrieved due to HIV/AIDS discrimination, may also bring a civil
action under this part against the person, employer, labor
organization, or employment agency named in the notice. The superior
courts of the State of California shall have jurisdiction of those
actions, and the aggrieved person may file in these courts. An action
may be brought in any county in the state in which the unlawful
practice is alleged to have been committed, in the county in which
the records relevant to the practice are maintained and administered,
or in the county in which the aggrieved person would have worked or
would have had access to the public accommodation but for the alleged
unlawful practice, but if the defendant is not found within any of
these counties, an action may be brought within the county of the
defendant's residence or principal office. A copy of any complaint
filed pursuant to this part shall be served on the principal offices
of the department and of the commission. The remedy for failure to
send a copy of a complaint is an order to do so. Those actions may
not be filed as class actions or may not be maintained as class
actions by the person or persons claiming to be aggrieved where those
persons have filed a civil class action in the federal courts
alleging a comparable claim of employment discrimination against the
same defendant or defendants. In actions brought under this section,
the court, in its discretion, may award to the prevailing party
reasonable attorney's fees and costs, including expert witness fees,
except where the action is filed by a public agency or a public
official, acting in an official capacity.
(c) (1) If an accusation includes a prayer either for damages for
emotional injuries as a component of actual damages, or for
administrative fines, or for both, or if an accusation is amended for
the purpose of adding a prayer either for damages for emotional
injuries as a component of actual damages, or for administrative
fines, or both, the respondent may within 30 days after service of
the accusation or amended accusation, elect to transfer the
proceedings to a court in lieu of a hearing pursuant to subdivision
(a) by serving a written notice to that effect on the department, the
commission, and the person claiming to be aggrieved. The commission
shall prescribe the form and manner of giving written notice.
(2) No later than 30 days after the completion of service of the
notice of election pursuant to paragraph (1), the department shall
dismiss the accusation and shall, either itself or, at its election,
through the Attorney General, file in the appropriate court an action
in its own name on behalf of the person claiming to be aggrieved as
the real party in interest. In this action, the person claiming to be
aggrieved shall be the real party in interest and shall have the
right to participate as a party and be represented by his or her own
counsel. Complaints filed pursuant to this section shall be filed in
the superior court in any county in which unlawful practices are
alleged to have been committed, in the county in which records
relevant to the alleged unlawful practices are maintained and
administered, or in the county in which the person claiming to be
aggrieved would have worked or would have had access to public
accommodation, but for the alleged unlawful practices. If the
defendant is not found in any of these counties, the action may be
brought within the county of the defendant's residence or principal
office. Those actions shall be assigned to the court's delay
reduction program, or otherwise given priority for disposition by the
court in which the action is filed.
(3) A court may grant as relief in any action filed pursuant to
this subdivision any relief a court is empowered to grant in a civil
action brought pursuant to subdivision (b), in addition to any other
relief that, in the judgment of the court, will effectuate the
purpose of this part. This relief may include a requirement that the
employer conduct training for all employees, supervisors, and
management on the requirements of this part, the rights and remedies
of those who allege a violation of this part, and the employer's
internal grievance procedures.
(4) The department may amend an accusation to pray for either
damages for emotional injury or for administrative fines, or both,
provided that the amendment is made within 30 days of the issuance of
the original accusation.
(d) (1) Notwithstanding subdivision (b), the one-year statute of
limitations, commencing from the date of the right-to-sue notice by
the Department of Fair Employment and Housing, to the person claiming
to be aggrieved, shall be tolled when all of the following
requirements have been met:
(A) A charge of discrimination or harassment is timely filed
concurrently with the Equal Employment Opportunity Commission and the
Department of Fair Employment and Housing.
(B) The investigation of the charge is deferred by the Department
of Fair Employment and Housing to the Equal Employment Opportunity
Commission.
(C) A right-to-sue notice is issued to the person claiming to be
aggrieved upon deferral of the charge by the Department of Fair
Employment and Housing to the Equal Employment Opportunity
Commission.
(2) The time for commencing an action for which the statute of
limitations is tolled under paragraph (1) expires when the federal
right-to-sue period to commence a civil action expires, or one year
from the date of the right-to-sue notice by the Department of Fair
Employment and Housing, whichever is later.
(3) This subdivision is intended to codify the holding in Downs v.
Department of Water and Power of City of Los Angeles (1997) 58
Cal.App.4th 1093.
(e) (1) Notwithstanding subdivision (b), the one-year statute of
limitations, commencing from the date of the right-to-sue notice by
the Department of Fair Employment and Housing, to the person claiming
to be aggrieved, shall be tolled when all of the following
requirements have been met:
(A) A charge of discrimination or harassment is timely filed
concurrently with the Equal Employment Opportunity Commission and the
Department of Fair Employment and Housing.
(B) The investigation of the charge is deferred by the Equal
Employment Opportunity Commission to the Department of Fair
Employment and Housing.
(C) After investigation and determination by the Department of
Fair Employment and Housing, the Equal Employment Opportunity
Commission agrees to perform a substantial weight review of the
determination of the department or conducts its own investigation of
the claim filed by the aggrieved person.
(2) The time for commencing an action for which the statute of
limitations is tolled under paragraph (1) shall expire when the
federal right-to-sue period to commence a civil action expires, or
one year from the date of the right-to-sue notice by the Department
of Fair Employment and Housing, whichever is later.

12966. Where the department issues an accusation, or is about to do
so, and the respondent accused of engaging in unlawful practices
under this part is a state contractor or is a supplier of goods and
services to the state, the director shall send a written notice of
the issuance of the accusation and a copy of the accusation to the
appropriate awarding agency and request a report of any action which
the awarding agency takes in response to the department's
notification and issuance of accusation.

12967. The commission shall hold hearings on accusations issued
pursuant to Section 12965 and shall determine the issues raised
therein.

12968. Hearings shall take place not more than 90 days after the
issuance of the accusation upon which they are based.

12969. The case in support of the accusation shall be presented
before the commission by the attorneys or agents of the department.
Any commissioner who, in regard to a particular case, shall have
previously been assigned to engage in investigation or conciliation
endeavors or shall otherwise have been or be personally or
professionally connected with the parties or factual situation of the
original complaint upon which the accusation is based, shall not
participate in the hearing except as a witness and shall not give his
or her opinion of the merits of the case, nor shall he or she
participate in the deliberations of the commission in such case. In
connection with complaints initiated by the director, the personal or
professional association of the commissioners with the director
shall not prohibit the commissioners from participating in the
deliberations of such cases. In any hearing, the content of
discussions or endeavors at conciliation shall not be received in
evidence.

12970. (a) If the commission finds that a respondent has engaged in
any unlawful practice under this part, it shall state its findings
of fact and determination and shall issue and cause to be served on
the parties an order requiring the respondent to cease and desist
from the unlawful practice and to take action, including, but not
limited to, any of the following:
(1) The hiring, reinstatement, or upgrading of employees, with or
without backpay.
(2) The admission or restoration to membership in any respondent
labor organization.
(3) The payment of actual damages as may be available in civil
actions under this part, except as otherwise provided in this
section. Actual damages include, but are not limited to, damages for
emotional injuries if the accusation or amended accusation prays for
those damages. Actual damages awarded under this section for
emotional pain, suffering, inconvenience, mental anguish, loss of
enjoyment of life, and other nonpecuniary losses shall not exceed, in
combination with the amounts of any administrative fines imposed
pursuant to subdivision (c), one hundred fifty thousand dollars
($150,000) per aggrieved person per respondent.
(4) Notwithstanding paragraph (3), the payment of actual damages
up to one hundred fifty thousand dollars ($150,000) assessed against
a respondent for a violation of Section 51.7 of the Civil Code, as an
unlawful practice under this part.
(5) Affirmative or prospective relief to prevent the recurrence of
the unlawful practice.
(6) A report to the commission as to the manner of compliance with
the commission's order.
(b) An unlawful practice under this part alone is not sufficient
to sustain an award of actual damages pursuant to this section. The
department is required to prove, by a preponderance of the evidence,
that an aggrieved person has sustained actual injury. In determining
whether to award damages for emotional injuries, and the amount of
any award for these damages, the commission shall consider relevant
evidence of the effects of discrimination on the aggrieved person
with respect to any or all of the following:
(1) Physical and mental well-being.
(2) Personal integrity, dignity, and privacy.
(3) Ability to work, earn a living, and advance in his or her
career.
(4) Personal and professional reputation.
(5) Family relationships.
(6) Access to the job and ability to associate with peers and
coworkers.
The commission shall also consider the duration of the emotional
injury, and whether that injury was caused or exacerbated by an
aggrieved person's knowledge of a respondent's failure to respond
adequately to, or to correct, the discriminatory practice or by the
egregiousness of the discriminatory practice.
(c) In addition to the foregoing, in order to vindicate the
purposes and policies of this part, the commission may assess against
the respondent, if the accusation or amended accusation so prays, an
administrative fine per aggrieved person per respondent, the amount
of which shall be determined in accordance with the combined amount
limitation of paragraph (3) of subdivision (a).
(d) In determining whether to assess an administrative fine
pursuant to this section, the commission shall find that the
respondent has been guilty of oppression, fraud, or malice, expressed
or implied, as required by Section 3294 of the Civil Code. In
determining the amount of fines, the commission shall consider
relevant evidence of, including, but not limited to, the following:
(1) Willful, intentional, or purposeful conduct.
(2) Refusal to prevent or eliminate discrimination.
(3) Conscious disregard for the rights of employees.
(4) Commission of unlawful conduct.
(5) Intimidation or harassment.
(6) Conduct without just cause or excuse.
(7) Multiple violations of the Fair Employment and Housing Act.
The moneys derived from an administrative fine assessed pursuant
to this subdivision shall be deposited in the General Fund. No
administrative fine shall be assessed against a public entity. The
commission shall have no authority to award punitive damages as a
remedy for a finding of employment discrimination.
(e) In addition to the foregoing, in order to vindicate the
purposes and policies of this part, the commission may assess against
the respondent if the accusation or amended accusation so prays, a
civil penalty of up to twenty-five thousand dollars ($25,000) to be
awarded to a person denied any right provided for by Section 51.7 of
the Civil Code, as an unlawful practice prohibited under this part.
(f) If the commission finds the respondent has engaged in an
unlawful practice under this part, and the respondent is licensed or
granted a privilege by an agency of the state to do business, provide
a service, or conduct activities, and the unlawful practice is
determined to have occurred in connection with the exercise of that
license or privilege, the commission shall provide the licensing or
privilege granting agency with a copy of its decision or order.
(g) If the commission finds that a respondent has not engaged in
an unlawful practice under this part, the commission shall state its
findings of fact and determination and issue and cause to be served
on the parties an order dismissing the accusation as to that
respondent.
(h) Any findings and determination made or any order issued
pursuant to this section shall be written and shall indicate the
identity of the members of the commission who participated therein.
(i) Any order issued by the commission shall have printed on its
face references to the rights of appeal of any party to the
proceeding to whose position the order is adverse.
(j) If the commission finds that a respondent has engaged in an
unlawful practice under this part, and it appears that this practice
consisted of acts described in Section 243.4, 261, 262, 286, 288,
288a, or 289 of the Penal Code, the commission, with the consent of
the complainant, shall provide the local district attorney's office
with a copy of its decision and order.
(k) Notwithstanding Section 12960, if the commission finds that a
respondent has engaged in unlawful discrimination in housing under
Section 12948, the remedies afforded in Section 12987 or any other
provision in this part pertaining to housing discrimination, shall
apply.

12971. If, at any time during the proceedings described in this
part, after a complaint has been served on a respondent, the
complaint is withdrawn by the complainant or dismissed by the
department, or an investigation is terminated or closed by the
department, notice of this fact shall be given to the respondent and
the complainant without undue delay.

12972. (a) The commission shall conduct all actions and procedures
in accordance with its procedural regulations.
(b) (1) If the commission does not have a procedural regulation on
a particular issue, the commission shall rely upon pertinent
provisions of the Administrative Procedure Act (Chapter 4 (commencing
with Section 11370) of Part 1).
(2) Notwithstanding paragraph (1), the Administrative Adjudication
Bill of Rights set forth in Article 6 (commencing with Section
11425.10) of Chapter 4.5 of Part 1, and the rules for judicial review
set forth in Section 11523, shall apply to the commission.
(c) In addition to the discovery available to each party pursuant
to subdivision (a), the department and the respondent may each cause
a single deposition to be taken in the manner prescribed by law for
depositions in civil actions in the superior courts of this state
under Title 4 (commencing with Section 2016.010) of Part 4 of the
Code of Civil Procedure.

12973. (a) Within one year of the effective date of every final
order or decision issued pursuant to this part, the department shall
conduct a compliance review to determine whether the order or
decision has been fully obeyed and implemented.
(b) If the time for judicial review of a final commission order or
decision has lapsed, or if all means of judicial review have been
exhausted, the department may apply to the superior court in any
county in which an action could have been brought under subdivision
(b) of Section 12965 for the enforcement of the order or decision or
order as modified in accordance with a decision on judicial review.
If, after a hearing, the court determines that an order or decision
has been issued by the commission and that either the time limits for
judicial review have lapsed, or the order or decision was upheld in
whole or in part on judicial review, the court shall issue a judgment
and order enforcing the order or decision or order as modified in
accordance with a decision on judicial review. The court shall not
review the merits of the order or decision. The court's judgment
shall be nonappealable and shall have the same force and effect as,
and shall be subject to all the provisions of law relating to, a
judgment in a civil action.
(c) Notwithstanding subdivisions (a) and (b), where the reviewing
court denies a petition for writ of mandate seeking review of a
commission order or decision, the court shall enter judgment denying
the petition and enforcing the commission's final order or decision.
(d) If the commission has found that a respondent has engaged in
an unlawful practice under this part and is liable for actual
damages, an administrative fine, or a civil penalty, any amount due
to that respondent by a state agency may be offset to satisfy the
commission's final order or decision.
(e) Notwithstanding any other provision of law, the commission is
not liable for attorney's fees of parties to the administrative
adjudication of cases brought before the commission, including
proceedings brought pursuant to Section 11523 of this code and
Section 1094.5 of the Code of Civil Procedure.

12974. Whenever a complaint is filed with the department and the
department concludes on the basis of a preliminary investigation that
prompt judicial action is necessary to carry out the purposes of
this part, the director or his authorized representative may bring a
civil action for appropriate temporary or preliminary relief pending
final disposition of such complaint. Any temporary restraining order
or other order granting preliminary or temporary relief shall be
issued in accordance with Section 527 of the Code of Civil Procedure.
An action seeking such temporary or preliminary relief may be
brought in any county in which actions may be brought under
subdivision (b) of Section 12965.

12975. Any person who shall willfully resist, prevent, impede or
interfere with any member of the department or the commission or any
of its agents or employees in the performance of duties pursuant to
the provisions of this part relating to employment discrimination, or
who shall in any manner willfully violate an order of the commission
relating to such matter, is guilty of a misdemeanor, punishable by
imprisonment in a county jail, not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or both.

12976. Any person who willfully violates Section 12946 concerning
recordkeeping is guilty of a misdemeanor, punishable by imprisonment
in a county jail, not exceeding six months, or by a fine not
exceeding one thousand dollars ($1,000), or both.