1. (a) Exhaustion of administrative remedies available for employment claims under the Fair Employment and Housing Act, Government Code section 12900 et seq., shall not be a prerequisite to the bringing of actions for judicial enforcement of Article 9.5, this subchapter, or other implementing regulations, nor shall any person first be required to exhaust administrative remedies of any other state or federal agency or the internal grievance procedures of any recipient, or comply with the Government Claims Act, Government Code sections 900 et seq, before filing an intake form or a complaint with the Department or a civil action for enforcement of Article 9.5.
2. (b) Where an underlying administrative proceeding has occurred, the civil action or Department investigation of violations of Article 9.5, this subchapter, and implementing regulations shall not be limited to a review of the administrative record even if the civil suit includes several causes of action, some of which may be subject to a review of an administrative record requirement. A civil action shall proceed by trial de novo.
3. (c) In a civil action, to the extent an aggrieved person alleges employment discrimination in violation of the Fair Employment and Housing Act, Government Code section 12900 et seq., as a separate claim in addition to a violation of Article 9.5, the person must exhaust administrative remedies for those separate claims as required by Government Code section 12960 and implementing regulations.
4. (d) If an aggrieved person chooses to seek resolution of a claim under Article 9.5, this subchapter, or other implementing regulations through a state or state agency administrative procedure or internal agency grievance procedure other than through the Department, or if a complaint is referred to an agency for investigation pursuant to section 14052(b), the one-year deadline for filing a complaint with the Department under Government Code section 12960 shall be tolled for the pendency of the investigation.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11136, 11137 and 11139.

History

1. New section filed 3-19-2024; operative 7-1-2024 (Register 2024, No. 12).

2. Amendment of Note filed 1-7-2026; operative 4-1-2026 (Register 2026, No. 2).