Letter Opinion 1973 Pt.1

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73-34 April 2, 1973 Mr. Bernard Orsi General Manager, Personnel Civil Service Commission 151 City Hall San Francisco, California 94102 Siibject: Whether Civil Service Commission Has Authority to Hear a Complaint of Unfair Employment Practices Under the Civil Rights Act After the Ordinary Protest Period Has Expired Dear Mr. Orsi: This is in response to your request for opinion whether or not the Civil Service Commission can hear an appeal after the time provided by its rules on complaints relati...ng to violation of the Civil Rights Act or California State Employment Practices Act.
The Civil Rights Act of 1870 (Title 42 U.S.C. §1981) guar- antees equal rights under the law for all persons and the Civil Rights Act of 1871 (Title 42 U.S.C. §1983) gives a right of action to any person who has been deprived of any rights, privileges or immunities secured by the Constitution and laws.
It is a general rule of law that where an administrative remedy is provided by statute, relief must be first sought from that administrative body and this remedy must be exhausted before the courts will act.


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