I filed a complaint with California's DFEH against my previous employer for failure to provide accommodation and participate in the interactive process (Section 12940 m,n of the California Government Code. I have asked the DFEH consultant to see the employer's response to the complaint so that I can respond; however the consultant asserts that he can only provide the document after the case is closed under the state's Public Records Act. I don't have confidence in what this gentleman says since a)he stated his department didn't enforce these statutes b)initially stated that the complaint had to be for retaliatory conduct.
I would think that as a party to the complaint i should have access to the response so that i can address it. Should i have access?
Answer
Hello.
Generally, it doesn't make a whole lot of difference since DFEH closes most cases and just issues a right to sue letter without issuing any findings. That right to sue letter can be obtain online in about 5 minutes anyway by an attorney.
If you would like to consider whether you have a viable claim for discrimination, you should consult a local employment attorney.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
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