Cal. Code Regs. tit. 2 § 599.850

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 599.850 - Past Hiring Practices Hearing

When required by section 599.844.2 of these regulations or ordered pursuant to section 599.849 of these regulations, the Department shall conduct a hearing to determine if past discriminatory hiring practices have occurred in the class(es) of layoff.

(a) The Department shall give the agency and employees in the affected workforce at least 15 days notice of the hearing and shall prepare a written report for the hearing. The report shall include all available data, statistical and otherwise, concerning past hiring practices related to the class(es) of layoff.

(b) Any other party may also present evidence at the hearing concerning past hiring practices related to the class(es) of layoff.

(c) If the Department finds that past discriminatory hiring practices related to the class(es) of layoff have occurred, it shall issue findings of facts supporting its determination and an order to remedy such discrimination. To the extent permitted by law, such an order may include, but is not limited to, changing the order and/or subdivision(s) of layoff and reemployment so that the relative composition of the affected workforce of that category of employees discriminated against will be, as nearly as possible, the same immediately after the layoff as it was immediately before the layoff for those affected workforce groups.

(d) If the Department finds no discrimination in past hiring practices has occurred, it shall issue an order requiring the layoff to continue in the normal order of seniority, unless a seniority-based layoff would conflict with the provisions of a memorandum of understanding reached pursuant to Government Code section 3512, et seq. (Ralph C. Dills Act).

Cal. Code Regs. Tit. 2, § 599.850

1. New section filed 2-9-84 (corrected copy refiled 2-27-84); effective thirtieth day thereafter (Register 84, No. 8).
2. Editorial correction of HISTORY NOTES printed in error in Register 84, Nos. 8 and 12 (Register 84, No. 15).
3. Change without regulatory effect repealing former section and adopting new section filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).

Note: Authority cited: Sections 18502 and 19815.4(d), Government Code. Reference: Sections 19790 and 19798, Government Code; and Connerly v. State Personnel Bd. (2001) 92 Cal. App. 4th 16.