Investigations & Findings

Overview of investigations into Charges of Discrimination

Once a Charge of Discrimination has been officially docketed with the Commission, it will be assigned to an Investigator in the order it was received. Assignment is not immediate; wait time for an Investigator to be assigned varies. Once an Investigator is assigned, both parties will be notified.

Investigative methods vary on a case-by-case basis. During the course of an investigation, the Investigator may: 

  • Request additional information from both parties; 
  • Interview both parties;
  • Interview witnesses;
  • Conduct site visits; 
  • Conduct independent research;
  • Analyze data; and
  • Additional methods as necessary. 

Once an investigation is complete, both parties will be given notice with a final deadline to submit any additional relevant documentation or identify additional witnesses. 

Once the final deadline has passed, the Investigator will submit their investigative report to one of the Commission’s seven Commissioners. Following the Commissioner’s review, a finding of either Probable Cause or No Probable Cause will be issued.

Findings & Administrative Closures

What is Probable Cause?

Based upon the evidence and/or facts of the case, an impartial person could form the reasonable belief that the alleged discrimination occurred.

What happens once Probable Cause is found?

Once Probable Cause is found, the Responding party may remove the matter to Superior Court, in which case the Commission would close the case without prejudice. If the case is not removed, a Pre-Hearing Conference is scheduled.

Parties may attempt to conciliate a mutual agreement prior to. If no mutual agreement is reached, following the Conference, a Public Hearing will be held by a panel of three Commissioners, not including the Investigating Commissioner who issued the finding. 

What is No Probable Cause?

Based upon the evidence and/or facts of the case, an impartial person could form the reasonable belief that the alleged discrimination did not occur or that the alleged discrimination was sufficiently resolved prior to the filing of a charge of discrimination.

What happens once No Probable Cause is found?

Once No Probable Cause is found, the case is dismissed with the following options available for the complaining party:

  • Appeal the finding in Superior Court
  • Request a review of the case by the EEOC (only in dual filed employment cases)

What if I disagree with the Commissioner’s finding(s)?

After a finding has been issued, both parties have the right to submit a Motion for Reconsideration within 30 days.

A case may be administratively closed for the following reasons: 

  • The Charge of Discrimination falls outside of the Commission’s jurisdiction
  • The Charge of Discrimination is withdrawn
  • The complaining party removes the Charge of Discrimination to Court
  • The complaining party requests a Right to Sue letter
  • The responding party is bankrupt or insolvent
  • Failure to appear for 2 scheduled interviews without rescheduling
  • Failure to respond to a certified letter warning of impending closure
  • The Investigator is unable to locate, by mail, email and phone, complaining party

Make sure you promptly notify the Commission of any phone and/or address changes!

decorative

Did you know?

Did you know?

The Investigator can assist with settlement negotiations in the event both parties are interested in settling prior to the completion of the investigation.

Formal mediation is available at any time, up until a finding has been rendered. Mediation is free, provides faster relief, and neither impacts the wait time to be assigned an Investigator nor the investigation.

Related Content