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Q.Does the Department of Fair Housing and Employment ("DFEH") represent the Employee or Employer?
A.Neither. The DFEH is a neutral fact-finding agency that will conduct an impartial investigation in which records are reviewed and relevant witnesses are interviewed. An investigation may be conducted on site and/or through telephone interviews. The DFEH has the authority to take depositions, issue subpoenas and interrogatories and to seek temporary restraining orders during the course of its investigation. All evidence gathered is analyzed to determine if a violation of the Fair Employment and Housing Act ("FEHA") has occurred. In making its determination, the DFEH considers evidence from both sides as well as from any neutral parties the DFEH may contact.
If the DFEH's investigation establishes that there is evidence to support the plaintiff's allegations, and the parties are unable to reach a settlement, the case will be forwarded to the DFEH's Legal Division to review for potential litigation. The DFEH has a staff of attorneys who prepare and litigate cases before the Fair Employment and Housing Commission and in court. When the DFEH decides to litigate a case, it will either issue an accusation or file a civil complaint in the name of the DFEH against the employer. The DFEH's attorneys represent the DFEH, not the individual plaintiff. Though the assigned DEFH attorney is not the plaintiff's personal attorney, the plaintiff's interests are paramount in the litigation, and the plaintiff is given 100% of any remedies recovered, with the exception of administrative fines. The DEFH does not charge attorney fees, expert witness fees, nor does it take a percentage of any award or settlement. In the event that administrative fines are awarded, the employer pays those amounts directly to the State.
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