Okla. Admin. Code § 335:10-1-4

Current through Vol. 42, No. 4, November 1, 2024

Section 335:10-1-4 - Complaints

(a)Complaint form and content. Complaints alleging discriminatory violations of Title 25, Oklahoma Statutes § 1101 et seq., may be filed on the official form, and/or must, at a minimum, contain information sufficient to identify Complainant and Respondent, the alleged act of discrimination and the date it occurred. Complaints filed on the official U.S. Equal Employment Opportunity form and deferred to OERC, per § 706, Title VII, Civil Rights Act of 1964, will be accepted as alleging a violation of Title 25, supra. The Commission staff will insure that all complaints are sworn.

(b)Method and date of filing. Complaints may be filed in person or by mail at the Commission offices or with a member of the Commission or staff. Date of filing will be date of postmarked mailing, or date of delivery to offices or authorized persons.

(c)Notice to respondents. The Respondent will be furnished a copy of the complaint by certified mail or in person by a Commission Representative after a member of the Commission or staff has made a preliminary determination that the alleged act is one prohibited by the Anti-Discrimination Act and the Respondent is subject to the Act.

(d)Complaints not covered under the Act. Complaints alleging discriminatory acts not covered by its Anti-Discrimination Act may not be filed on the official form but may be otherwise brought to the attention of the Commission.

(e)Complaints filed with federal agencies. A complaint initially filed with the U.S. Equal Employment Opportunity Commission or the U.S. Department of Housing and Urban Development shall be considered to have been filed with the Commission on the date the matter was filed with the federal agency.

(f)Complaints deferred by EEOC. When an employment discrimination complaint, originally filed with EEOC, is deferred to the Oklahoma Human Rights Commission under the provisions of § 706, Title VII, CRA 1964, the Director or designee of Director will:

(1) Determine whether current staff resources, workload, and the nature of the complaint can complete the investigation within a reasonable period of time.

(2) If the answer to (1) of this subsection is yes, immediately advise EEOC that the Oklahoma Human Rights Commission will investigate the complaint.

(3) If the answer to (1) of this subsection is no, terminate proceedings and so notify EEOC and the Complainant.

(g)Determination of jurisdiction and decision whether to investigate or terminate proceedings. When a complaint alleging employment discrimination in violation of Title 25, Oklahoma Statutes § 1101 et seq., is originally filed with the Oklahoma Human Rights Commission, the Commission staff will:

(1) Determine immediately whether all jurisdictional requirements have been met.

(2) If jurisdictional requirements have been met, determine whether current staff resources, workload and the nature of the complaint can complete the investigation within a reasonable period of time.

(3) Furnish the appropriate district office of EEOC a copy of the complaint and state whether the Oklahoma Human Rights Commission will investigate or is terminating proceedings. (The decision to not investigate and terminate proceedings will be made only when it appears that EEOC has jurisdiction under Title VII, CRA 1964.)

(h)Grounds for order to dismiss. The Director is authorized, on behalf of the Commission, to issue an order dismissing a complaint for the following reasons:

(1) Satisfactory conciliation or negotiated agreement concluded.

(2) Complaint withdrawal approved by the Director.

(3) No reasonable cause.

(4) No jurisdiction.

(5) Failure of Complainant to respond within thirty (30) days to a notice sent by the Commission to the Complainant's last known address.

(6) Failure of Complainant to cooperate in investigation, conciliation or hearing of the complaint.

(i)Negotiated settlements. At any time and at any stage, the Commission should encourage the parties to negotiate a settlement on terms mutually agreeable. The Director shall have authority to approve any settlement agreeable to both parties.

(j)Confidentiality of settlement negotiations and agreements. Neither the Commission nor the staff shall make public, without the written consent of the Complainant and the Respondent, information of the agreement or efforts to negotiate a pre-hearing settlement.

(k)Grounds for termination of proceedings. When, for reasons not bearing on the merits of a complaint, the Commission is unable to proceed in its processing of the matter, the Commission Director may terminate proceedings without prejudice.

Okla. Admin. Code § 335:10-1-4