The California Governor just signed SB 1038. This bill, among many other things, eliminates the California Fair Employment and Housing Commission, and transfers its duties to the California Department of Fair Employment and Housing. The Commission was the agency that developed regulations and acted as the judicial body that heard claims of discrimination brought before the agency instead of court. Those duties will be handled by the Department internally now. Claims for damages currently before the Commission involving emotional distress will be heard in court rather than before the Commission. Other claims may be heard before an administrative law judge rather than the Commission.
It's unclear how this new law will affect the workings of the DFEH or the Fair Employment and Housing Act. Stay tuned.
SB 1038 is here. But be warned - it's really long and only a small part of it has to do with the FEHC / DFEH piece.
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