140 Neb. Admin. Code, ch. 2, § 006

Current through September 17, 2024
Section 140-2-006 - Conciliation Process
006.01 Conciliation Process, Agreement and Breach

During the period beginning with the filing of a complaint and ending with the filing of a charge or dismissal of the complaint, Commission staff shall, to the extent feasible, engage in conciliation with respect to the complaint. If it appears that a conciliation conference would be beneficial and the parties agree to participate, a conference will be scheduled. If a representative appears on behalf of a party, that representative shall have full authority to settle the matter. After the filing of a charge, settlement negotiations may be conducted subject to section 006.01A and the Rules of Practice, 144 NAC 1-006.07.

Neb. Rev. Stat. § 20-327

006.01A If the terms of settlement and adjustment agreed to by the parties are approved by the Commission, or if said terms are modified by the Commission are agreed to by the parties, the Commission shall have the written terms of settlement and adjustment prepared as a conciliation agreement and signed by the parties; and the Commission shall thereupon enter upon the parties an Order in Accord with the executed conciliation agreement.
006.01B After the Commission has entered an Order in Accord, it shall dismiss the complaint, but subject to the Commission's right to refer the matter for further action to the Attorney General and to the right of the complainant to bring an action under 20-342(1)should the terms of the conciliation agreement be violated by the respondent.
006.01C If a complainant withdraws a complaint based upon settlement between the parties, made without Commission involvement, the Commission will not enter an Order in Accord with said terms of settlement and may close the case as having been settled on terms not approved by the Commission. When a private settlement agreement is made, an alleged breach thereafter is not subject to referral to the Attorney General for enforcement.

Neb. Rev. Stat. §§ 84-909, 20-139, 20-325(5), 20-327, 20-329

006.02 Requirements for Conciliation Agreement

Any conciliation agreement:

006.02A must be approved by the Commission;
006.02B may provide for binding arbitration;
006.02C when approved by the Commission, shall not be deemed an adjudication that the Respondent has engaged in a discriminatory practice nor shall it be subject to an order for relief under section 20-337, unless entered after an adjudication pursuant to an administrative proceeding or a civil action pursuant to state or federal law in which the Respondent was found to have committed a discriminatory practice.

Neb. Rev. Stat. § 20-327

140 Neb. Admin. Code, ch. 2, § 006