Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws.
Existing law authorizes the department to provide assistance to communities in resolving disputes, disagreements, or difficulties relating to discriminatory practices, and to make its services available only upon the request of an appropriate state or local public body, or upon the request of any person directly affected by a dispute, disagreement, or difficulty.
This bill would, instead, authorize the department to offer its services in cases of these disputes, disagreements, or difficulties, or upon the request of an appropriate state or local public body, or upon the request of any person directly affected, as specified above.
Existing law requires the department to conduct conciliation assistance in confidence and without publicity, and to hold confidential any information acquired in the regular performance of its duties. Existing law prohibits department employees from performing investigative or prosecuting functions of any department or agency in any litigation arising out of a dispute in which the employee acted on behalf of the department. Existing law also provides that any department employee who makes public in any manner whatever any such information, as specified, is guilty of a misdemeanor.
This bill would specify that the
above-described confidentiality requirement and prohibition on department employees from performing investigative or prosecuting functions, and department employee prohibition on revealing confidential information, apply to the services the department makes available to communities and persons therein in resolving disputes, difficulties, or disagreements relating to discriminatory practices.