Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 2 - PROCEDURE › Section 141-2-003 - Reasonable Cause Findings

Current through June 17, 2024
003.01 Conference
If the Commission, based upon the report of its investigation
				  by its employees, determines that there is reasonable cause to believe that the
				  alleged unfair employment practice has been committed, the Commission shall
				  appoint a Commissioner or an employee of the Commission to undertake a
				  conciliation conference with the respondent and complainant in order to
				  eliminate the effect of the unfair practice and to prevent repetition
				  thereof.
Both the complainant and the respondent shall be notified of
				  the time and place of a conciliation conference by personal service or
				  registered or certified mail at least ten (10) days prior to the date set for
				  the conference, and the notice shall advise the parties of the conciliator who
				  will participate in said conciliation conference. The respondent shall appear
				  at the conciliation conference either in person or by attorney, or both. The
				  place of the conference designated by the Commission shall be at a place
				  reasonably convenient for the parties and in the county in which the charge
				  arose. In the event of failure or refusal of the respondent to appear or
				  participate in the conciliation conference, the Commission may issue a written
				  complaint and order a public hearing.
003.02 Non-disclosure
The members of the Commission and its staff shall not make
				  public what has occurred in any conciliation conference without the written
				  consent of both parties except evidence concerning endeavors at a conciliation
				  may be made public if a public hearing is ordered.
003.03 Settlement and Order
003.03A Settlement Terms Approved by the
				Commission. If a settlement is effected in a conciliation conference, the terms
				of which are approved by the Commission, the Commission shall have the written
				terms of settlement and adjustment prepared and signed by the parties; and the
				Commission shall thereupon enter upon all parties an Order in accord with the
				executed written terms of settlement and adjustment.
Any such Order shall specify the right of the Commission to
				  investigate and determine, at reasonable times, whether the terms of settlement
				  and adjustment and the Order entered pursuant thereto have been or are being
				  complied with. If the Commission determines that the respondent has violated or
				  is violating the terms of settlement and adjustment and the Order entered
				  pursuant thereto, the Commission may issue a written complaint based on the
				  original charge of discrimination and order a public hearing thereon; provided,
				  however, than any such complaint must be issued no later than twenty-four (24)
				  months after Commission approval of the Conciliation Order.
003.03B Dismissal. The Commission may,
				without the consent of the complainant, dismiss the charge if, in its opinion,
				matters brought forth in the conciliation conference establish that the
				respondent has eliminated the effects of the alleged discriminatory public
				accommodations practice with respect to the complainant or has offered in good
				faith to eliminate the effects of the alleged discriminatory public
				accommodations practice with respect to the complainant in such manner as to
				effectuate the purposes of the Act and complainant has refused to accept such
				offer.
003.03C Settlement Terms Not
				Approved by the Commission. If the terms of settlement and adjustment agreed by
				the parties are not approved by the Commission, the Commission need not enter
				upon the parties any Order in accord with said terms of settlement and
				adjustment, and may close the case as having been settled on terms not approved
				by the Commission; and in such event, the Commission need not issue a complaint
				and order a public hearing in the event of an alleged violation of the terms of
				settlement and adjustment.