22 Va. Admin. Code § 25-10-120

Current through Register Vol. 40, No. 22, June 17, 2024

Section 22VAC25-10-120 - Findings and recommendations

A. The hearing officer of the council shall state findings of fact and conclusions of law in writing. The findings of the hearing officer shall be filed with the council within 30 working days of the date of completion of the hearing.

B. If the council votes to accept the hearing officer's findings that the respondent has not engaged in a discriminatory practice, it shall issue an order dismissing the complaint. A copy of the order shall be furnished to the complainant and the respondent.

C. If the council votes to accept the hearing officer's findings that the respondent has committed an unlawful discriminatory practice, it shall state its findings and may issue recommendations to eliminate the discriminatory practice, including, but not limited to:

1. Hiring, reinstating, promoting or upgrading the position of the complainant, with or without back pay, and providing such fringe benefits as the complainant has been denied;

2. Restoring or admitting the complainant to membership in a labor organization, a training program, guidance program or other occupational training program, using the objective criteria for admission of persons to such programs;

3. Leasing, renting or selling property at issue to the complainant;

4. Extending to the complainant the full and equal enjoyment of the goods, services, facilities, privileges or accommodations of the respondent;

5. Admitting the complainant to a public accommodation or educational institution;

6. Reporting as to the manner of compliance;

7. Posting notices in a conspicuous place setting forth requirements for compliance with this chapter or other information that the council deems necessary to explain the Act;

8. Revising personnel policies and procedures, including the undertaking of affirmative efforts; and

9. Reimbursing attorney's fees to complainant.

D. If the council votes not to accept the hearing officer's findings, it will return the findings to the hearing officer for further consideration, or appoint a new hearing officer and set a new hearing on the complaint.

E. Copies of council's recommendations shall be furnished to the complainant and respondent within 15 working days.

22 Va. Admin. Code § 25-10-120

Derived from VR402-01-02 § 12, eff. July 4, 1990.

Statutory Authority

§ 2.2-2634 of the Code of Virginia.