Dear Community Members:
As widely reported, over the past several years, there has been an alarming rise of hate crimes and incidents against marginalized members of our community, including Asian American and Pacific Islander, LGBTQ+, African-American, Latino/a, immigrant, and religious communities throughout our state, among others. The California Fair Employment and Housing Council ("Council”) and the Department of Fair Employment and Housing ("DFEH") have taken increased and focused actions to try to address this surge of civil rights abuses.
To that end, we are calling on law enforcement agencies throughout the State to inform victims of crime and the public about the availability of civil remedies and resources to help protect individuals and stem the tide of hate violence.
By way of background, on September 21, 2021, the Council held a public hearing during which Council members and DFEH staff heard expert testimony and public comment on hate violence, including current trends, targeted communities, and causes, as well as the legal, policy, and community interventions that exist to address hate violence. (The hearing can be viewed at www.youtube.com/watch?v=nBSnZ-4Enro.) One of the key takeaways from this public hearing was that victims of hate crimes and incidents all too often are unaware of resources that are available outside the criminal justice system. For example, victims of hate incidents might not be aware that they can file a complaint with DFEH and/or seek civil remedies through court action under the Ralph Civil Rights Act, Cal. Civ. Code § 5l, and thereby secure restraining orders, actual damages, punitive damages, civil penalties (an award of $25,000), and attorney's fees.
Accordingly, the Council respectfully requests that law enforcement agencies establish protocols enlisting their officials and officers to inform crime victims and others with whom they come in contact about civil remedies and to refer them to DFEH, whether or not criminal charges are ultimately filed. DFEH published a Hate Violence & Civil Rights Fact Sheet that you may use. This Fact Sheet provides information about the Ralph Civil Rights Act, and how to file a complaint with the department and is available in numerous languages at www.dfeh.ca.gov/posters/hateviolence. We will reach out to you again later this year when DFEH launches a statewide hate incident hotline to help people targeted for hate (and those individuals assisting them) understand their options and connect them with available resources.
Please do not hesitate to contact the Council should you have any questions regarding the content of this correspondence. Working together, we can promote and protect the civil rights of all Californians and say "No to Hate."
Sincerely yours,
California Fair Employment and Housing Council
Nixle approved by;
Deputy Police Chief Steve Shorts
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