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Section 12932 Of Article 1. The Department From California Government Code >> Division 3. >> Title 2. >> Part 2.8. >> Chapter 5. >> Article 1.
12932
. (a) The Legislature recognizes that the avoidance of
discriminatory practices in the employment of disabled persons is
most effectively achieved through the ongoing efforts of state
agencies involved in the vocational rehabilitation and job placement
of the disabled. The department may utilize the efforts and
experience of the Department of Rehabilitation in the development of
job opportunities for the disabled by requesting the Department of
Rehabilitation to foster good will and to conciliate on employment
policies with employers who, in the judgment of the department, have
employment practices or policies that discriminate against disabled
persons. Nothing contained in this paragraph shall be construed to
transfer any of the functions, powers, or duties from the department
to the Department of Rehabilitation.
(b) The activities of the department in providing conciliation assistance shall be conducted in confidence and without publicity, and the department shall hold confidential any information acquired in the regular performance of its duties upon the understanding that it would be so held.
(c) No employee of the department shall engage in the performance of investigative or prosecuting functions of any department or agency in any litigation arising out of a dispute in which he or she acted on behalf of the department. Any employee of the department, who makes public in any manner whatever any information in violation of this subdivision, is guilty of a misdemeanor and, if a member of the state civil service, shall be subject to disciplinary action under the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2).
(d) When contacted by the department, employers, labor organizations, or employment agencies shall be informed whether a particular discussion, or portion thereof, constitutes either of the following:
(1) Endeavors at conference, conciliation, and persuasion which may not be disclosed by the department or received in evidence in any formal hearing or court action.
(2) Investigative processes, which are not so protected.
(b) The activities of the department in providing conciliation assistance shall be conducted in confidence and without publicity, and the department shall hold confidential any information acquired in the regular performance of its duties upon the understanding that it would be so held.
(c) No employee of the department shall engage in the performance of investigative or prosecuting functions of any department or agency in any litigation arising out of a dispute in which he or she acted on behalf of the department. Any employee of the department, who makes public in any manner whatever any information in violation of this subdivision, is guilty of a misdemeanor and, if a member of the state civil service, shall be subject to disciplinary action under the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2).
(d) When contacted by the department, employers, labor organizations, or employment agencies shall be informed whether a particular discussion, or portion thereof, constitutes either of the following:
(1) Endeavors at conference, conciliation, and persuasion which may not be disclosed by the department or received in evidence in any formal hearing or court action.
(2) Investigative processes, which are not so protected.
