Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 2 - Procedure › Section 138-2-002 - Action Upon Charge

Current through June 17, 2024
2.002.01 Duties of Commission Staff
Each charge shall be docketed and given a case number. The
				  Commission shall serve a copy of said charge on the Respondent in person or by
				  certified mail within ten (10) days of the filing of such charge by the
				  Complainant. Said notification shall include a letter advising the Respondent
				  that at the Respondent's request, the Commission will engage in discussions of
				  early charge resolution alternatives. Said notification shall advise the
				  Respondent that a written response must be filed with the Commission within
				  thirty (30) days or a mandatory reasonable cause finding shall be made against
				  the Respondent. After service, the Commission shall review the charge. If it
				  appears that the charge does not set forth a complaint cognizable under the
				  Act, the charge shall be forwarded to the Executive Director for a
				  determination. If it is determined that the charge does not contain allegations
				  cognizable under the Act, the Executive Director shall administratively dismiss
				  the charge and the Commission shall take no further action upon
				  it.
2.002.02 Investigation
Except for those charges administratively dismissed as
				  provided for in 2.002.01, the Commission shall institute an investigation by
				  its employees to ascertain all of the facts relating to the alleged unlawful
				  employment practice or practices set forth in the charge. The staff shall
				  initially solicit information from all parties and utilize requests for
				  production of documents, interrogatories, depositions, subpoenas or any legal
				  discovery process recognized by the district courts for the State of Nebraska
				  to facilitate a prompt investigation. The legal process shall conform to the
				  rules of the district courts for the State of Nebraska. If a Respondent
				  knowingly destroys records, knowingly fails to maintain records, refuses to
				  provide records, or otherwise takes action with the intent to defeat the
				  purpose of the statute, the Commission may draw an adverse inference to
				  establish facts relevant to a determination on the merits. At its discretion,
				  the Commission may conduct individual interviews and/or a Fact Finding
				  Conference to assist in its investigation and its attempts at mediation.
Any member of the Commission staff may contact non-management
				  persons employed by the Respondent or former management persons without
				  notifying the Respondent or Respondent's attorney. The Respondent is entitled
				  to have a representative present only during the interview of current
				  management level employees. If a question exists as to whether an employee is a
				  management level employee, the Executive Director shall make a determination as
				  to the matter. In making that determination, the Executive Director shall
				  consider a variety of factors, including, but not limited to, the employee's
				  authority to hire, fire, discipline, assign tasks, and make and implement
				  policies.
All interviews will be recorded by the investigator unless a
				  written and/or verbal objection is made by one of the parties. No recording
				  shall be done after a written and/or verbal objection is received by the
				  Commission. The recordings will be erased nine (9) months after the case is
				  dismissed by the Commission.
2.002.02A
Fact Finding Conference.
A Fact Finding Conference is a method in
				which the Commission brings together the parties of a charge, with or without
				witness(es) to give testimony.
2.002.02B
Settlement During
				Investigation.
During the investigative process, the Commission staff
				may attempt to reach a settlement of the charge through mediation, arbitration,
				conference and persuasion. A Commission staff member may prepare a proposed
				settlement and forward it to the parties. If it appears to a staff member that
				a settlement 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
				charge.