APPENDIX D
Other States’ Civil Rights Enforcement

 

Nearly all states have fair employment practices laws, sometimes designated as human rights laws. Most of these jurisdictions have established agencies to investigate charges of discrimination and to enforce the fair employment practices (FEP) laws. State agencies with enforcement standards comparable to EEOC are deferred to by the federal agency for initial processing of all charges within their jurisdiction.  

State laws frequently extend farther than federal civil rights statutes. Consequently, employers can find themselves bound by the more comprehensive requirements of state and local laws as well as by the broad ban against discrimination on the basis of race, color, religion, sex, age, national origin, citizenship status, and handicap required by federal provisions. In addition, to being more comprehensive, state laws often extend to smaller employers. While federal law applies mainly to employers with 15 or more employees, some state statutes cover employees with only one. Other states make no provision for minimum number of employees needed to determine coverage. The following is a synopsis of the 12 states.  

CALIFORNIA  

FEP Law.  The California Fair Employment and Housing Act prohibits employment discrimination on the basis of race, religion, color, age, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex.  

Coverage.  The act applies to employers with five or more workers, their agents, the state, or any of its political or civil subdivisions and cities. Employment agencies and labor organizations are also covered. An exception is made to the protection afforded to individuals with mental disabilities, which only applies to employers with 15 or more employees.  

Structure. Violations of the employment antidiscrimination law is handled by the Department of Fair Employment and Housing within the State and Consumer Services Agency. The department is administratively handled by an executive director appointed by governor subject to confirmation by the senate. The agency also works with a commission of seven members appointed by governor with advice and consent of senate. Commission members serve terms of four years. The commission chairperson is chosen by governor.  The commission members receive $100 per diem and are entitled to expenses actually and necessarily incurred in performance of their duties.  

Process. Complainants have one year from the date of the alleged unlawful practice in which to file a complaint with the commission. The filing time can be extended up to 90 days if the complainant did not become aware of the discrimination until after the year expired. The department investigates the complaint and endeavors to eliminate discrimination by conciliation. If a complaint is not conciliated, the department must issue a written accusation within one year of the filing of the complaint and within two years of the filing of a complaint claiming unlawful practices against a class of persons.  

The department must issue an accusation or notify the complainant within 150 days of the filing of the complaint of the right to request a right to sue notice and must issue such notice no later than one year after the filing of the complaint. If the accusation includes a request for a remedy for emotional injuries, or for administrative fines or both, the respondent may elect to transfer the proceedings to a court by serving a written notice on the department, which must, within 30 days dismiss the accusation and file an action in court on behalf of the complainant.  

The commission shall hold hearings on accusations issued and determines the issues raised therein. Hearings take place not more than 90 days after issuance of accusation upon which they are based. <![endif]>

The case is presented before the commission by an attorney of department. A hearing officer appointed by commission presides unless a quorum of commission decides to hear. Within 60 days after case is submitted the hearing officer prepares a decision served on commission and all other parties. The proposed decision is deemed adopted by commission 100 days after service to commission by hearing officer unless within that time the commission rejects or amends it.  

Reconsideration by any party is allowed within 20 days of the date a decision is mailed. Reconsideration may be assigned back to hearing officer for further evidence.  

The commission may order the respondent to stop the discriminatory practice and order other appropriate relief such as: hiring or reinstatement with or without back pay; payment for actual damages sustained proven by a preponderance of the evidence, including for emotional pain and suffering, but such nonpecuniary damages together with any administrative fines assessed against a respondent must not exceed $50,000 per complainant; prospective relief to prevent the reoccurrence of unlawful practice; or reporting of the manner of compliance. The commission has no authority to award punitive damages. In addition, if the respondent is guilty of fraud or malice, the commission may order the payment of administrative fines, which are deposited into the general fund.  

Within one year of effective date of every final order or decision issued, the department shall conduct compliance review to determine whether order or decision has been fully obeyed and implemented.

FLORIDA  

        FEP Law. The Florida Civil Human Rights Act prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or martial status.

        Coverage. The law covers employers of 15 or more employees, employment agencies, and labor organizations.  

        Structure. The Florida Commission on Human Relations is comprised of 12 members appointed by the governor subject to confirmation by the senate. The commission selects its own chairperson.  Appointments to the commission must be broad representation of various racial, religious, ethnic, social, economic, political, and professional groups within the state. At least one member of the commission must be 60 years of age or older. Members serve four-year terms and are compensated $50 per day. The commission appoints and removes the executive director.  

        Process. A complaint may be filed at any time within 180 days of the occurrence of the alleged unlawful employment practice.  When it is determined that a complaint has been timely filed, the executive director shall provide notice and copy of complaint to the respondent within 15 days of the complaint filing. Unless the complaint is settled or withdrawn, the complaint is assigned to the investigation unit.  

        During the course of the investigation, the unit may request of any person information concerning the facts and circumstances of the complaint. In the event any person fails to provide requested information, the executive director may issue and sign a subpoena on behalf of the commission. During the investigation, the investigator shall encourage the complainant and the respondent to settle the complaint on mutually agreeable terms. If the complaint is not settled nor withdrawn at the end of the investigation, the investigator shall prepare an investigation report and recommendation for the Office of General Counsel.  

        The Office of General Counsel reviews the report and makes a recommendation to the executive director as to whether there is reasonable cause to believe that an unlawful employment practice has occurred. The executive director makes a determination and serve notice of such determination to complainant and respondent. Redetermination is available within 20 days. After a notice of determination of reasonable cause is found, the parties are invited to participate in conciliation. If a conciliation agreement is not made within 30 days, the complainant may file a Petition for Relief.  

        Each respondent must file an answer with the commission within 20 days of service of the petition. The answer must include a specific, detailed statement of any affirmative defenses. Failure to plead an affirmative defense constitutes a waiver of that defense. If the respondent fails to file a timely answer, such failure shall be deemed to constitute an admission of the material facts alleged in the petition.  

        A copy of the petition is served upon all commissioners. Upon consideration of a recommended order, the commission may order that the petition and complaint be dismissed or may determine that an unlawful employment practice has occurred. The commission may issue an order prohibiting the practice and provide relief from the effects of the practice. The order of the commission shall constitute final agency action.

ILLINOIS  

        FEP Law. The Illinois Human Rights Law prohibits employment discrimination on the basis of race, color, religion, national origin, citizenship status, ancestry, age, sex (including sexual harassment), martial status, a determinable physical or mental handicap, military status, and unfavorable discharge from military service.  

        It is also violation for employers, employment agencies, or labor organizations to inquire into or use an expunged, sealed, or impounded arrest or criminal record as basis to refuse to hire, segregate, or act with respect to recruitment, hiring, promotion, renewal or employment, discharge, discipline, terms, privileges, or conditions of employment.  

        Coverage. The law applies to private employers of 15 or more employees. However, antidiscrimination laws relating to handicap or sexual harassment applies to employers with one or more employees. The state, its subdivisions, employment agencies, labor organizations, and apprenticeship and training programs are also covered. The law also applies to an employer that is a party to public contract without regard to number of employees.  

        Structure.  The Human Rights Commission consists of 13 members and appointed by the governor with advice and consent of senate. No more than 7 members shall be of the same political party. The governor designates the chairperson. The members serve staggered terms of four years. The executive director is also appointed by the governor with the advice and consent of the senate.  

        Process. A charge should be filed with the Department of Human Rights as soon as possible after the act of discrimination occurs. A charge must be filed within 180 days of the date the discrimination took place. A charge may be initiated by writing, phoning, or visiting the department office. An intake investigator will interview the complainant and draft a charge which must be signed and notarized. A copy of the charge is sent to the respondent within 10 days. A verified response must be filed with the department within 60 days by the respondent. Failure to do so may result in default findings in favor of the complainant.

An investigator will be assigned to investigate the charge. A fact-finding conference will be held to gather pertinent data from the parties. Following investigation staff will make a recommendation as to whether there is substantial evidence of discrimination. If the department does not find substantial evidence of discrimination, it will dismiss the charge. The complainant may appeal the department's dismissal to the chief legal counsel. The appeal must be filed within 30 days of the date of the dismissal of the charge.  

        If a settlement agreement is not reached, the department will file a complaint of civil rights violation the Human Rights Commission. If the department does not issue a complaint or a notice of dismissal with 365 days after the filed date of charge, the complainant has 30 days to file a complaint at the Human Rights Commission. After a complaint is filed with the commission, it is assigned to an administrative law judge who sets a date for a public hearing. At this stage, the parties are encouraged to retain attorneys to represent them.  

        Following the public hearing the administrative law judge recommends a finding to a three-member panel of commissioners. If the recommended findings favor the respondent, the commission will decide whether to dismiss the complaint. If the decision favors the complainant, specific relief may be recommended. The commission may order the respondent to cease and desist, to pay actual damages, to hire, reinstate, promote, to back pay, attorney fees and costs, in order to remedy the discriminatory action. Appeals of the commission's order must be made within 35 days of the order. Appeals are made to Illinois Appellate Court.

IOWA  

        FEP Law. The Iowa Civil Rights Act prohibits employment discrimination on the basis of age, race, creed, color, sex, national origin, religion, or disability.  

        Coverage. The law applies to all employers employing workers in the state of Iowa, including the state, its political subdivisions, employment agencies, and labor organizations.  

        Structure. The Iowa State Civil Rights Commission consists of seven members appointed by the governor subject to confirmation by the senate. Appointments to the commission must provide geographical area representation insofar as practical. The commission is paid on a per diem basis. The governor, subject to senate confirmation,  appoints the agency director.  

Process. Complaints must be filed within 180 days of the last alleged discriminatory incident. When a signed and notarized complaint is received, it is reviewed by agency staff to determine whether it meets the statutory requirements. The complaint does not meet the statutory requirements if it is not timely filed or the commission does not have jurisdiction. If these criteria are not met, the complainant is notified and the complaint closed. If the complaint does meet the statutory requirements, a copy is mailed to complainant and served on the respondent.  

        Both complainant and respondent are required to answer a questionnaire and submit relevant documents within 30 days. When the commission receives both parties' responses to the questionnaires, all the collected information is reviewed to determine whether further investigation is warranted.  

        If the further investigation is not warranted, the complaint is administratively closed. The complainant has appeal rights. If further investigation is warranted, the complaint will be assigned to an investigator. After the complaint has been on file with the commission for sixty days, the complainant may request a right to sue letter which, if granted, would allow the complainant to file a lawsuit in district court alleging a violation of Illinois law. At any time during the process, the parties may decide to settle the complaint through a voluntary, no fault mediation process.  

        During investigation, each party is usually interviewed and additional records are collected. Witnesses are contacted and interviewed. When the investigation is complete, the investigator will analyze all of the collected information and recommend to the administrative law judge whether probable cause or no probable cause exists to believe that discrimination occurred.  

        If the administrative law judge finds no probable cause, the complaint is closed. A no probable cause finding cuts off the complainant's right to sue. If the judge finds probable cause, the complaint is assigned to a conciliator who will contact the parties and attempt to conciliate or settle the complaint. If conciliation fails, the complaint will be reviewed to determine whether it should proceed to public hearing. If selected for hearing, a hearing is held in accordance to Iowa APA rules. If not selected for hearing, the complaint will be administratively closed and the complainant may request a right o sue letter.  

MASSACHUSETTS  

FEP Law. The Massachusetts Fair Employment Practice Act prohibits employment discrimination on the basis of race, color, religious creed, national origin, age, sex including sexual harassment, sexual orientation, ancestry, or physical or mental handicap.  

Coverage. FEPA applies to employers of 6 or more employers, the state and all of its political subdivision employment agencies and labor organizations.  

Structure. The Massachusetts Commission Against Discrimination consists of three full-time commissioners appointed by the governor serving three-year overlapping terms. The governor appoints the chairperson. The commission may appoint such attorney, clerks, and other employees and agents as it may deem necessary to fulfill their duties.  

        Process. Complaints of employment bias must be filed with the Massachusetts Commission Against Discrimination within six months of the alleged act of discrimination.  After the filing of any complaint the chairman of the commission shall designate one of the commissioners to make with the assistance of the commissions staff prompt investigation. Commission staff members initially review all complaints to decide whether to dismiss or process them. If processing is authorized, the investigating commissioner must begin a formal investigation of the complaint within 30 days after the authorization and complete the investigation within 18 months.  

        After the authorization of a formal investigation, if both parties are represented by counsel, the investigating commissioner may order the parties to conduct discovery into the allegation of the complaint and the respondent defenses to determine whether probable cause exists.  

        If no probable cause exists, the commissioner will within 10 days provide written notice. Within 10 days of service, the complainant may submit written request of preliminary hearing before commission to determine probable cause. The commission must allow this as matter of right.  

        If probable cause is found, immediate notice to parties to elect judicial determination. Parties must give written notice to agency within 20 days. If notice is received, the commission dismisses the complaint and it is given to the attorney general to commence civil action on behalf of the complainant.  

        If probable cause is found but the parties do not elect to judicial review, the commission endeavors to eliminate by conference, conciliation, or persuasion. If this fails then a hearing is held. The case is presented before the commission by an agency attorney. The investigating commissioner is not involved in hearing or else it is held by a hearing officer appointed by commission. Any party aggrieved by a final decision of hearing commissioner or officer may, within 10 days of receipt of decision, submit a written request of review to the commission.  

Within the first 90 days after the filing of a complaint, a complainant may make a written request to the investigating commissioner for permission to transfer the complaint to state court. But if the complaint has been pending before the commission for more than 90 days, the complainant can file a state court complaint without permission after filing a notice with the investigating commissioner and requesting that the commission not initiate its own complaint in the matter. The commission must make written findings of its investigation and if it finds that discrimination has occurred it must try to eliminate the unlawful practices through conference, conciliation, and persuasion. If  conciliation fails, the commission conducts a public hearing and issues a written order. The order may be appealed to the full commission. The parties may obtain judicial review of a final commission order or seek enforcement of such an order.  

        Commission may issue an order to the respondent to stop the discriminatory conduct; order other affirmative relief such as hiring reinstatement, or upgrading of employees, with or without back pay, and order the payment of reasonable costs and attorney's fees.  

MICHIGAN  

        FEP Law. The Michigan Civil Rights Act prohibits employment discrimination on the basis of religion, race, color, national origin, age, sex, height, weight, familial status, or martial status.  

        Coverage. The law applies to employers of one or more employees, employment agencies, labor organizations, and apprenticeship and training programs. However, it does not apply to employment of individuals by their parents, spouses, or child. 

        Structure. In Michigan, the Civil Rights Commission was created by the state constitution. The commission establishes policy and appoints the director for the Department of Civil Rights. The commission also acts as the final arbiter in contested cases filed with the department. There are eight commissioners, no more than four from the same political party, appointed by the governor for four-year terms.  

        Process. Complaints must be filed with the Michigan Department of Civil Rights within 180 days following the alleged act of discrimination. Complaints may be filed in state court without first filing with the Michigan Department of Civil Rights.  

        When a complaint is filed, a right specialist conducts a detailed interview with the complainant to decide whether the situation meets the jurisdictional requirements defined by law. If the complaint falls within the department's jurisdiction, a formal complaint is drafted. A copy of the complaint is sent to the party against whom the complaint is made. The complaint is assigned o a field representative for investigation. The respondent and the claimant may be invited to an investigative/resolution conference. This meeting provides an opportunity to explore the possibility of an early settlement agreeable to both parties and if unresolved a forum to clarify issues and receive evidence from the parties. If the matter is not resolved at this conference, additional investigation may occur including the examination of witnesses and documents that were not available prior to or during the conference.  

        A staff determination is made, on the basis of the investigation, whether there is sufficient evidence to credit the claimant's allegations. If there is not sufficient, the complaint is dismissed. Following such a dismissal, a claimant may petition for reconsideration of the decision and may be granted a hearing to offer proofs why the decision should be changed.  

        If sufficient grounds have been found, after investigation, to credit the claimant's allegations, the respondent is invited to a conciliation conference, where an attempt is made in private discussion to adjust the matter.  If the efforts in conciliation are successful, the case is closed as adjusted, and the claimant and respondent are so notified.  

        If conciliation efforts are not successful, the department may issues a formal charge, requiring an answer from the respondent, and set a date for a formal public hearing. The hearing is conducted by one or more civil rights commissioners, or a referee. All witnesses testify under oath, the rules of evidence apply, and all parties have the right to examine and cross-examine the witnesses. The burden of proof is on the department and the claimant.  

        Following the hearing and receipt f the referee's report, an appropriate order is issued by the commission either dismissing the complaint or directing that remedial action be taken by the respondent. A claimant or respondent who does not agree with any final order of the commission may appeal to courts for review of the case.  

MINNESOTA  

        FEP Law. The Minnesota Human Rights Act prohibits employment discrimination on the basis of race, color, creed, religion, national origin, sex, martial status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age.  

        Coverage. The law applies to employers of one or more employees including the state, its subdivisions, and employment agencies and labor organizations.  

        Structure. The Department of Human Rights is under the direction and supervision of a commissioner who is appointed by the governor. The commissioner may appoint an advisory task force if so desired.

        Process. A charge must be filed within one year of an alleged unfair discriminatory practice. A copy of the charge and initial information request is served upon the respondent within ten days of complaint filing.  The respondent has 20 days within which to answer the charge in writing. The agency may investigate the complaint by interviewing the witnesses, reviewing documents, requesting further information, and statistical analysis. The enforcement officer may also call a fact finding conference to obtain information needed to investigate an allegation. At the conference, the parties may attempt to resolve the proceedings before a determination is made. Once investigation is completed, the enforcement officer makes a recommended determination which is reviewed by a supervisor.  

        The decision is sent to both parties whom can each request reconsideration with ten days.  If  probable cause is found, the department attempts conciliation. If conciliation attempts fail, the agency issues a formal complaint. The attorney general prepares the case for litigation and a hearing is conducted before an administrative law judge. The administrative law judge decides the case by issuing an order supported by written findings of fact and conclusion law. The order shall be final decision of department and may be appealed in court.  

NEW JERSEY  

        FEP Law. The New Jersey Law Against Discrimination prohibits employment discrimination on the basis of race, creed, color, national origin, ancestry, age, martial status, affectual or sexual orientation, sex, atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or to make available the results to employer, or liability for service in the Armed Forces. Handicap discrimination is also prohibited unless the handicap reasonably precludes performance of a particular job. The law also prohibits discrimination on familial status, which is defined broadly to include many types of parental relationship.  

        Affectional or sexual orientation is defined as "male or female heterosexuality, homosexuality, or bisexuality by inclination, practice, identity, or expression. Atypical hereditary or blood trait means traits for sickle cell, hemoglobin C, thalassemia, Tay-Sachs, or cystic fibrosis.  

        Coverage. The law applies to private employers, the state, its political subdivision, all public officers, agencies and boards as well as employment agencies and labor organizations.  

        Structure. The Division of Civil Rights is housed within the New Jersey Department of Law and Public Safety. The division consists of the Attorney General and a commission of seven members appointed by the governor with the advice and consent of the senate. The commission members serve five-year terms and are eligible for reimbursement for their expenses. The Attorney General appoints the division director subject to the approval of the commission and the governor.  

        Process. Once a complaint is accepted at the regional office, the division will conduct an investigation. Following the completion of the investigation, the director will determine whether or not probable cause exists to believe that unlawful discrimination has occurred. If a finding of probable cause is issued, the case will be transmitted to the Office of Administrative Law where a full hearing will take place before an administrative law judge. The case may be litigated by a state deputy attorney general on behalf of the division, or the complainant may choose to litigate personally or through private counsel. If a finding of no probable cause is issued, the case is closed without further proceedings by the division. If the director has not made a probable cause determination within 180 days of the filing of the complaint, the complainant may request to litigate the case at the Office of Administrative Law either personally or through private counsel (but not through a deputy attorney general)  

        If, after investigation and an administrative hearing of a complaint, the director determines that unlawful discrimination occurred, the director can order the respondent to take affirmative action to remedy the discrimination. The director is authorized to order relief such as reinstatement, hiring, or upgrading of the employee, and may also award back pay and damages for pain and humiliation. Further, after the hearing, the director may also award attorney's fees to prevailing complainants and may assess a statutory penalty against the responding party. Alternatively, an aggrieved party may file a complaint in New Jersey Superior Court within two years of the alleged violation.  

NEW YORK       

        FEP Law. The New York Human Rights Law prohibits employment discrimination on the basis of age, race, creed, color, national origin, sex, disability, genetic predisposition or carrier status, or martial status.

        Coverage. The law applies to employers of four or more employees, employment agencies, labor organizations, licensing agencies, and apprenticeship programs.  

        Structure. The Division of Human Rights is located within the executive department. It is headed by a commissioner appointed by the governor with the advice and consent of the senate. The commissioner holds office at the pleasure of the governor.  

        Process. If an individual feels he or she has been the victim of an illegal act of discrimination, he or she may file a complaint within one year of the date of the violation at any regional office. After contacting the regional office, and the Division's jurisdiction is established over the particulars of a given situation, the compliant can be taken either in person at the office or by telephone. In some cases, complaints may be taken by mail. In any event, the complainant will communicate with the investigator to give a summary of the specific acts of alleged unlawful discrimination. If the complaint falls within the division's jurisdiction, the investigator assists an individual in filing a formal complaint based on the information provided. The complaint is then mailed to the individual or organization charged with committing the discriminatory act, who is then asked to respond to the allegations.  

Depending upon the respondent's answer, the investigator may advise whether there is reasonable basis for conciliation. The conciliation process is negotiated by the investigator, who identifies the main issues of the complaint, determines where the complainant and respondent agree and disagree, identifies what may be offered and what may be accepted, and develops an appropriate strategy for resolving the dispute.  

        If the complaint is not resolved at the conciliation level, or if one or both of the parties are not interested in attempting conciliation, the investigator begins a further investigation of the facts which may include, but are not limited to two party conferences, witness interviews, site visits, interrogatories and document requests. As the investigation proceeds, the investigator continues to attempt to settle the case through conciliation efforts.  

        Depending upon the information gathered during the investigation, the regional director reviews the investigator's work, and a determination of probable cause or no probable cause to believe that illegal discrimination has taken place is issued. If the determination is no probable cause, the complaint is dismissed, but the complainant has the right to appeal the determination to the state supreme court within 60 days.  

If probable cause determination is issued, the complainant and the respondent meet with an administrative law judge in a pre-hearing conference to once again attempt to conciliate the complaint. If this effort fails, the complaint is scheduled for a formal public hearing before an administrative law judge, other than the one with whom the prehearing conference was held.  

        If further attempts at conciliation fail, the division convenes a public hearing presided over by an administrative law judge. The complainant and the respondent or their representatives present their respective cases at hearing. When appropriate, witnesses are called upon to give testimony. If a conciliation agreement is not reached before a hearing concludes, the administrative law judge will prepare a recommended order either supporting the allegations or dismissing them. The order will identify what remedy is required for the complainant to be "made whole", as if the act of discrimination had not occurred. This may include employment, promotion, raise, back pay, letter of reference, a change in the respondent's policies, and or cash award in compensation for humiliation, suffering and mental anguish. The commissioner reviews the recommended order together with the record of the hearing and makes a final approval or dismissal. Both the complainant or the respondent can appeal the commissioner's order within 60 days to the state supreme court.  

        The compliance review officer conducts an investigation to see if the respondent has complied with the conciliation agreement or the commissioner's order no later than one year from the date of the decision.

OHIO  

        FEP Law. The Ohio Fair Practices Law prohibits employment discrimination on the basis of race, color, religion, national origin, handicap, age, ancestry, and sex including pregnancy and any illness arising out of and occurring during the course of pregnancy, childbirth, or related medical condition. <![endif]>

        Coverage. The law applies to state and local government agencies, to private employers with four or more employees within the state, employment agencies, personnel placement services, and labor organizations. However, the law does not apply to domestic servants.  

        Structure. The five members of the Ohio Civil Rights Commission are appointed to staggered five-year terms by the governor, and confirmed by the Ohio senate. The governor designates the member to serve as chair. The members of the commission serve as the sole decision making body for case related matters brought before the commission, and sets policies of a general nature for the agency.  

        The commission appoints an executive director who serves as the chief executive officer, overseeing the day to day operations of the agency, and implementing the policies of the commission.  

        Process. A charge of discrimination must be filed with the commission within six months of the alleged date of harm. In employment, the commission has jurisdiction over all employers with four or more employees, and all governmental entities. Charges are received and investigated by any of the commission's regional offices.  

        After conducting a preliminary investigation, the regional office makes a recommendation to the commission, who then reviews and confirms those recommendations. It is only at this point that a letter of determination is issued. Any party aggrieved by a determination can file a request for reconsideration, which is reviewed and decided by the commissioners. Where the commission issues a finding of probable cause, the regional office must attempt conciliation. If conciliation fails or reaches an impasse, the commission will issue a formal complaint and notice of public hearing. The commission must complete its preliminary investigation and issue the formal complaint within one year from the date of filing.  

        The attorney general will then present the case for the commission before a hearing examiner. At the conclusion of the hearing process, the hearing examiner will issue findings of fact, conclusions of law, and a recommendation to the commission. After reviewing this report, and any objections that may be filed in response to the report, the commission may adopt, modify, or reject the report, and issue an order of dismissal, or a cease and desist order. Any party aggrieved by a final order of the commission may file for judicial review of that order in state court.       

RHODE ISLAND  

        FEP Law. The Rhode Island Fair Employment Practice Act prohibits employment discrimination based on an individual's race, color, religion, sex, sexual orientation, disability, age, or country of ancestral origin. Under the act, women affected by pregnancy, childbirth, or related medical conditions must be treated the same as any other employee who has similar job skills.  

        Coverage. The act applies to the state and all political subdivisions of the state, as well as labor organizations, employment agencies, and any person employing four or more workers. Domestic workers, spouses, parents, or children of an employer are not covered by the law.  

        Structure. The Rhode Island Commission for Human Rights consists of seven members appointed by the governor with the advice and consent of the senate. The chairperson is appointed by the governor. The commission should reflect the diversity of the state's population. At least one of the seven must have a background in law, business, and/or real estate. The commission members serve five-year terms. They are compensated at no more than $50 a day with a maximum of $3,000 in one year. The commission appoints attorney, clerks, and any other employees as it deems necessary.  

        Process. A person who believes they have been discriminated against have one year from the date of alleged harm to bring their compliant to the commission. After the intake phase is completed and a formal charge of discrimination is filed, each case is assigned to an investigator. In an attempt to reach quick and easy resolution to the complaint, investigators may hold preliminary hearings with all parties present. More often, the investigators hold fact-finding conferences where both complainant and respondent can present facts, which confirm or deny the allegations.  

        The commission attempts to settle every case, and only after all settlements possibilities are exhausted will the investigator make a recommendation to a preliminary investigating commissioner. When the commissioner rules on the investigator’s recommendation, the investigation process is completed.  

        An administrative hearing begins after the preliminary investigating commissioner finds probable cause and the parties fail to agree to a settlement during the conciliation process. One commissioner conducts the hearing with the assistance of legal counsel. The commission encourages both parties to subpoena witnesses, who present sworn testimony. A certified stenographer records the entire proceeding. After the parties present all their evidence, three commissioners (a quorum) reach a decision and issue an order.

TEXAS  

        FEP Law. The Texas Employment Discrimination Law prohibits employment discrimination on the basis of race, color, disability, religion, sex, national origin, or age. It is also prohibited based on the use of genetic test results or an employee's refusal to submit to such testing.  

        Coverage. The law applies to employers of 15 or more employees, the state, any individual elected to public office in the state or political subdivisions of the state. It also covers employment agencies, labor organizations, and labor management committees controlling apprenticeship-training programs.  

        Structure. The Texas Commission on Human Rights is governed by a six-member commission, appointed by the governor to serve staggered, six-year terms. The commission must be composed of one representative each from industry and labor, while the other four are public members. In addition, appointments to commission must provide for representation with respect to disability, religion, age, economic status, sex, race, and ethnicity. The governor designates the chairperson. The commission sets policy for agency operations, hires the executive director, and adopts rules governing the administration of the agency's programs. While the commission members do not receive compensation, they are entitled to reimbursement for their expenses.  

Process. The complaint process begins when a complainant alleges a discriminatory practice. An agency investigator reviews the complaint to ensure that it is within the commission's authority and contains the basic elements of a discrimination complaint. Within ten days of receiving the complaint, the commission must notify the employer that a charge has been filed. By statute, the commission has 180 days after the filing date to process complaints before it must give employees notice of the right to take action in state court. After receiving this notice, the complainant has 60 days in which to take legal action, but may not take action after two years from the original filing date with the commission.  

Throughout the process, the commission tries to get the parties to reach an agreed settlement. This may be formal or informal procedure. Additionally, the executive director may refer a case to the agency's mediation process within ten days of receiving a complaint. The commission employs two full time mediators to impartially conduct mediation conferences. The parties have 30 days from the date of referral to mediate. If mediation or initial settlement efforts fail, the commission begins the full-scale investigation stage to determine whether reasonable cause exists to believe an employer has discriminated. The agency generally conducts in house investigations of employment complaints. Most information is collected by telephone or by sending information requests.  

The commission dismisses a complaint if the investigation reveals that no reasonable cause exists to believe discrimination occurred. If reasonable cause is found, a panel of three commission members review the evidence and determine reasonable cause. After a finding of reasonable cause, conciliation efforts resume. If conciliation terms are acceptable to all parties, the case is closed. Otherwise, the complaint may proceed to court.