41-1471. Charge by person aggrieved;
investigation; conciliation agreement; civil action; temporary
relief
A. Any person, referred to as the charging party, claiming to be aggrieved by an
alleged discriminatory practice or act contrary to article 2 or 3 of this chapter may,
within one hundred eighty days from the date of the alleged practice or act, file with
the division a verified charge in writing. The verified charge shall state the name and
address of the person or persons, referred to as respondent, alleged to have committed
the practice or act complained of, the particulars of the alleged discrimination and
other information required by the division. After a charge is filed and found to be in
proper order, the division shall make an investigation of the allegations contained in
the charge. On its own initiative, the division may file a charge to investigate an
alleged discriminatory practice or act.
B. If, upon investigation, the division determines that no unlawful discriminatory
practice or act has occurred, the division shall notify the charging party and the
respondent in writing of this fact and the charging party may within thirty days
thereafter file a complaint with the superior court in the county where the alleged
discriminatory practice or act occurred.
C. If, after an investigation, the division determines that there is reasonable
cause to believe that the charge is true, the division shall enter an order containing
its findings of fact and shall endeavor to eliminate the alleged unlawful practice by
informal methods of conference, conciliation and persuasion. Nothing said or done during
and as part of the informal endeavors may be made public by the division or its officers
or employees or used as evidence in a subsequent proceeding without the written consent
of the persons concerned.
D. If, within thirty days after the division makes a determination that reasonable
cause exists to believe that the charge is true, the division has not accepted a
conciliation agreement to which the charging party and the respondent are parties, the
division may bring a civil action against the respondent. If the attorney general finds
reasonable cause to believe that a party has breached a conciliation agreement, the
attorney general may file a civil action for enforcement of the agreement. A charging
party may file its own civil action against the respondent within thirty days after the
division has issued its determination or may intervene in any civil action brought by the
attorney general.
E. If the division concludes at any time after the filing of a charge that prompt
judicial action is necessary to carry out the purposes of article 2 or 3 of this chapter,
the division may file a civil action for appropriate temporary or preliminary relief
pending final disposition of the charge. Any temporary restraining order or other order
granting preliminary or temporary relief shall be issued in accordance with the supreme
court rules of civil procedure. The court having jurisdiction over the proceedings shall
assign the action for hearing at the earliest practicable date and shall cause the action
to be expedited in every way.
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