What does CRD look for in an employer’s position statement?
CRD seeks a response to all the allegations in the complaint, along with the production of documents and identification of witnesses with information that is relevant to the complaint. This information will assist the department in assessing the complaint’s claims and allegations. It is in the Respondent’s interest to provide an effective position statement that focuses on the facts. An effective response is clear, concise, and complete. It should explain the Respondent’s version of the facts and specifically identify relevant specific documents, evidence, and witnesses. This will can help CRD accelerate the investigation and tailor its requests for additional information.
An employee filed a CRD complaint only after being disciplined. Can I still fire the employee?
Firing an employee for filing a complaint with CRD is illegal retaliation. If you disciplined an employee for violating a company policy or for poor performance, without any intention of firing the employee, you will be in violation of the Fair Employment and Housing Act (FEHA) if you discharge the employee for filing a complaint.
Can I file a complaint against my employee?
As an employer, you cannot file an employment discrimination complaint with CRD against an employee. CRD investigates only complaints filed by individuals who believe they have been the victim of unlawful discrimination in violation of the FEHA. However, if an employee refuses or threatens to refuse to comply with the FEHA, you can file a complaint with CRD asking for assistance through mediation or other remedial action.
Does CRD share investigative records with the parties?