Phyllis W. Cheng is the Director
of the California Department of Fair Employment and Housing.
A 2012 state budget trailer bill revolutionized California’s Fair Employment and Housing Act (FEHA), the state’s preeminent civil rights law. As of January 1, 2013, in addition to saving the state $784,000 annually, the measure further:
- Eliminated the former Fair Employment and Housing Commission (FEHC), which previously conducted administrative hearings and rulemaking.
- Ended administrative adjudication and authorized the Department of Fair Employment and Housing (DFEH or Department), the state’s enforcement agency, to file cases directly in court. Prior to the DFEH filing a civil action, all parties must undergo free mandatory dispute resolution in its internal Dispute Resolution Division.
- Authorized courts, upon the Department prevailing, to award the DFEH reasonable attorney’s fees and costs to be deposited into a special fund.
- Created within the DFEH the Fair Employment and Housing Council (Council) to conduct rulemaking. Council membership is comprised of seven volunteer members appointed by the Governor and confirmed by the Senate, as well as the DFEH Director as an ex officio member.
The DFEH has swiftly moved forward on all these changes.
Expediting Investigations: Under its new HoudiniESQ cloud-based case management system, the Department expedited complaint investigations from 11 to nine months to ensure sufficient time for mandatory dispute resolution required by the new amendments.
Expanding Dispute Resolution Services: The DFEH expanded its former Mediation Division to a Dispute Resolution Division. Seven experienced attorney mediators in Northern and Southern California offices now provide both voluntary and mandatory dispute resolution services. In addition, a non-attorney mediator provides voluntary mediation services for small housing cases. In prior years, the DFEH mediators’ successful settlement rate has been 82 percent.
Filing Civil Actions: The Department is now filing civil actions in Superior Court on investigated cases with merit findings that were not successfully resolved through dispute resolution. No damages caps are available in civil actions. The DFEH can be awarded reasonable attorneys’ fees and costs, including witness fees, upon prevailing. The Department pegs its attorney hourly rate to that of the California Office of the Attorney General.
Preparing for Regulatory Work: The DFEH has hired a new staff counsel to assist with regulatory work. Regulations promulgated by the DFEH and the former FEHC are under review for potential repeal, republication, and/or amendment. New regulatory projects are being planned (i.e., California Family Rights Act and FEHA housing regulations.) Recommendations for future action will be provided to the Council when it is convened.
Governor’s Office Considering Appointments to the DFEH Council: The Governor’s Appointments Office is reviewing potential appointees to the DFEH Fair Employment and Housing Council. Interested applicants should apply for an appointment to the Council at the Governor’s Web Site.
Stay tuned on all the developments as the Department launches new innovations on civil right enforcement throughout California.