Does the Department represent Complainants?
During the investigation, the Department acts as a neutral fact-finder, gathering evidence to determine whether the Complainant’s allegations can be proven. The Department does not represent either the Complainant or the Respondent. If the investigation establishes that there is evidence to support the Complainants allegations, and the parties do not reach a settlement, the case is forwarded to the Department’s Legal Division to review for potential litigation. The Department has a staff of attorneys who prepare and litigate cases before the Fair Employment and Housing Commission and in court. When the Department decides to litigate a case, it issues an accusation or files a civil complaint in the name of the Department of Fair Employment and Housing against the employer. The Department attorneys represent the Department, not the individual Complainant. Though the assigned Department attorney is not the Complainant’s personal legal advisor, the Complainant’s interests are paramount in
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