CA CRD Call

After filing a discrimination complaint against the American Academy of Religion (AAR) with the CA Civil Rights Department (CRD), I noticed the paperwork appeared mis-categorized under a law that does not protect veterans. I called the CRD help line to try to straighten things out.

Transcript

CRD: You've been transferred over hearing from the firm they represent and you were speaking with. How can I help you?

LMI: Yeah, I'm trying to file a complaint against a labor organization I'm a member of for failing to take reasonable steps necessary to prevent discrimination based on a protected class that I am a member of, namely military and veteran status.

CRD: Okay, so you do have a complaint that's on file that you're scheduled for an intake interview for on August 28?

LMI: Yes. And it looks like, Yeah, when I went back to try and figure out how it was filed under Unruh, it looks like there's just a button you get to choose which, you know, choose your adventure, I guess, and I must have pushed. Unruh. But that was not my intent. Unruh excludes me from their protection. I'm filing under Section 12920, FEHA in California state law.

CRD: Yeah. Okay. I just want to get a little bit more information from you to see how I can assist you. So you're filing against American Academy of Religion?

LMI: That's correct.

CRD: Okay. And you're filing, I guess, this as a a business establishment or are you employed by this…?

LMI: It's a labor organization I've paid membership fees to.

CRD: That you paid pay fees to?

LMI: Correct.

CRD: And do you receive some type of services from this organization?

LMI: That's correct.

CRD: Okay. So it does sound like you filed the correct law type, because you're filing against a business establishment. But if once you have your intake interview, the investigator will definitely be able to assess your entire situation. Then they will determine if they need to file under a different law type.

LMI: What do you mean, law type?

CRD: …by the time of your interview? It's my understanding that because you're stating that it's

LMI: Unruh, California Civil Code 51, excludes military and veterans. I'm not eligible to file under Unruh, but California Government Code 12920 explicitly protects me, “Military and Veteran Status.” Subsection K of 12940 creates a duty by labor organizations or for labor organization is to take reasonable steps necessary to prevent discrimination. I can prove that has not happened at AAD, which clearly meets the definition of a labor organization. But that's not section 51 of the Civil Code. I'm talking about 12920 of the government code.

CRD: Okay, it doesn’t exclude you because… Are you saying that includes includes you because you are a military or veteran status? Is that what you're saying? Unruh excludes you from that?

LMI: It is. It's a matter of fact that Unruh does not include protections for military families. You can read the entire section, it doesn't mention us. It therefore does not protect us. A court, an agency like your your own cannot and does not protect military families if there's no law establishing that protection. Is that right? Like I can't file under Unruh.

CRD: Okay. So as far as what you're filing against in regard to what's protected, you're trying to file under military are veterans that that's what you're trying.

LMI: I am a veteran. I spent six years in the Army. I was born and raised in California. Yeah. I don't I don't know. Yeah. I am a military veteran. Yes. And the labor organization excludes military and veterans in violation of chapter three of Part 2.8.

CRD: Okay, so are you indicating that you are being discriminated against because of your military and veteran status, is that what your stating? That you’re tying to file a complaint with our agency because of that, or because of another protected basis?

LMI: No, I can't cut myself into pieces. California state law says that labor organizations must take steps to prevent discrimination. And it lists all these things under Section 12920, including military and veteran status. The state has created for itself a duty to protect me on the basis of my military status. This organization is not. Everything is facts after that, I'm not a lawyer. I'm just looking at what I'm told I'm supposed to be protected by. And I'm seeking help from the state to enforce its laws as a matter of fact. They have all these protections for all these other classes, and yet they exclude military and veterans. They also are meeting in San Diego.

CRD: You're saying this organization you're filing against is, excluding you or discriminating you…

LMI: Yes.

CRD: Okay. So, yeah, what you filed is correct. It's under Unruh Civil Rights Act, under business establishment. So, yeah. So while filing with us, you’re indicating that you have been discriminated against because of the military and veteran status, Correct.

LMI: I cannot agree with that statement. I'm sorry, I can't do it. I'm looking at section 51.

CRD: Okay.

LMI: …And it is silent on that on my protected class. So I understand that's what you think. But like, if this is going to go up any kind of appeals or anything, like… Read section 51, it doesn't mention military veteran status! Right?

CRD: Okay. So how. Okay. So how Unruh Civil Rights Act reads, it does have protected bases named there, but they do have in the law where there are protected characteristics. And if it's a particular group, so it may not necessarily be listed there, but there's something we possibly can take for investigation because it's a certain characteristic. Okay. So the law is not going to, say it's a gray in some areas, but we will still take your complaint in regards to interviewing you, in assessing your your particular situation. And then we will see if we can go ahead and take it for investigation.

LMI: Are you comfortable sharing the name with me?

CRD: My name's ______. And you're just you're right. And you have to have an intake interview so we can get a full assessment of what's going on so we can make a decision if it's a case that we can take for investigation. So if you do a review, I don't know if you've been to our website to read a little more about the Unruh Civil Rights Act, give us a little bit more information on our website in regards to what is discrimination, what is discrimination at business establishments, and there's a pamphlet that goes into more information in regards to protected characteristics.

LMI: No, I, I've been through the website but like… So I have two research degrees. I spend a lot of time reading. I know how the law has unfolded in American life. This is not I… I'm just going to say it because I need to be on record saying it. This is not a grey area. Grey areas get exploited by assholes to do horrible things to other people. Case in point, bus terminals were still segregated, until 1955. That's why Rosa Parks stood up. It was a military veteran who had to challenge the gray area that was being exploited. Sarah Keyes, a PFC, was forced to get off a bus. I want to emphasize as much as humanly possible. This is not a gray area. This California Civil Rights Department also has a pamphlet for military and veterans. And it says there's all these different things, but it doesn't say that FEHA protects us, but not Unruh. If it's not in writing, that is a gray area. That is that I am I'm not pushing that. I'm not pushing Unruh because it's going to be too easy to defeat. I'm looking at section 12940, subsection K and its definitions. I just I guess I needed to say that because I understand where you're coming from, but I've seen the law used to hurt people and to keep people out. And that is, as a veteran, I'm not going to accept that for myself, certainly not other people. I hear you saying I will have an intake appointment on whatever my date is and as a result of that interview, some decision will be made. Is that accurate?

CRD: Yes.

LMI: Okay.

CRD: Yes, they will be able to obtain all your information, ask certain questions, if it meets criteria, for taking it for investigation and they'll ask questions in regards to jurisdictional information and they will make the decision at that time if it is enough for us to take an investigation. Yes.

LMI: Okay.

CRD: Okay. Um, is there anything else I can help you? Any other questions or anything? Any additional information you want to provide regarding matters?

LMI: Not that I can think of. Is there any other questions you have for me?

CRD: Yeah. Oh, no, no, I don't have any other questions. So, by all means, if you do have any additional questions in regards to your your your case or your interview that's coming up, or if you have any questions in regards to what we do here. Feel free to go ahead and give us a call back.

LMI: Sorry. I do have a question. I have a question about the remedies available in a complaint that is found to have jurisdiction. Is one of the remedies available an injunction barring a respondent from doing business in the state of California?

CRD: Um, no, I don't believe that's one of, uh, one of the remedies they do. We do have, um, what is called affirmative relief. Meaning that we will, um, if as far as one of the terms of agreement that we come to, if it is found that possibly the respondent is. There may be a possible violation, we go over to make sure that they are meeting the standards and meeting the laws of FEHA. So those are things that we do discuss and can go over if it comes to where it may be a possible violation. Um, after we have completed the notification,

LMI: Where can I find in law the, the remedies that are available? Would that be in law or would that be a regulation created by CRD?

CRD: Well, what you can do is, um, actually go to our website and there are, there's information to a section under dispute resolution department. And they have information in regards to our mediation process and our process in regards to possibly resolving a matter, resolving issues. When you have filed a complaint against a lot of the informational web to be presented as a resolution. So I don't know if you visited our website to get certain information in regards to that, but that's a lot of help information in regards to some remedies.

LMI: Okay. Yeah. I told you earlier, I've been on the website.

CRD: Oh, okay. No. I meant if you have visited that section of our website?

LMI: I'll have to double check some.

CRD: Yeah. So check under where you can go to dispute resolution department or mediation and get a lot of information on what we do and possibly try to resolve an issue of the complaint that we're seeing.

LMI: Okay. Alright, sounds good.

CRD: Okay. Okay. Um, have any other questions? Um, like I said, always feel free to go ahead and give us a call back if you do have any additional questions, we're here to help you.

LMI: Okay. Thank you.

CRD: You're welcome. You have a good rest of your day.

LMI: All right. Bye.