Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 2 - Procedure › Section 138-2-003 - Reasonable Cause Findings

Current through June 17, 2024
2.003.01 Conciliation
Upon a finding of reasonable cause, the Commission shall
				  transmit the letter of determination and a proposed conciliation agreement. The
				  letter of determination shall advise the parties that the Act requires the
				  Commission to complete its conciliation activities within thirty (30) days of
				  the reasonable cause finding, unless waived by the parties. The letter of
				  determination shall also state that if the parties fail to settle the case
				  within thirty (30) days, the case may be forwarded to the Commissioners for the
				  purpose of ordering a public hearing on the matter. The Respondent shall notify
				  the Conciliator of its interest in pursuing conciliation within ten (10) days
				  of receipt of the conciliation agreement.
Within ten (10) days of receipt of a reasonable cause
				  determination and proposed conciliation agreement, the Respondent may file a
				  motion requesting reconsideration of the reasonable cause determination in the
				  event there are recent court decisions or case law which disposes of the
				  relevant issue(s). Reconsideration will not be granted for requests based on
				  differences in interpretation of the facts or the law or a general disagreement
				  with the basis for the reasonable cause determination.
If, after a finding of reasonable cause, and as a result of
				  conference, conciliation, mediation or arbitration, the Conciliator determines
				  that the effects of the discriminatory practice complained of will be remedied
				  and eliminated by appropriate remedial action to which the parties agree, the
				  terms of such remedial action shall be reduced to a written agreement and shall
				  be signed by the Respondent, the Complainant, the Conciliator, the Executive
				  Director and submitted to the Commission for their approval. Such written
				  agreement shall be considered binding on all parties.
If conciliation is unsuccessful, the Conciliator shall notify
				  the Complainant in writing of the options to request a public hearing or pursue
				  the matter in either state or federal district court. The Complainant shall
				  notify the Conciliator in writing within ten (10) days of his/her
				  interest.
The Commission may require any party to submit to the
				  Commission such information as it deems necessary to show the manner of
				  compliance with the terms of any conciliation or settlement agreement to which
				  the parties and the Commission have agreed. In the event of a breach of the
				  agreement, the Commission shall have the authority to seek enforcement through
				  the district court.
If, after a finding of reasonable cause, the Conciliator is
				  unable to eliminate the alleged unlawful discriminatory practice by conference,
				  conciliation, persuasion, mediation or arbitration, the Conciliator shall file
				  a finding of such facts, in writing, with the Executive Director of the
				  Commission, who will report such facts to the Commission. Upon the filing by
				  the Conciliator of a finding of failure to eliminate the alleged unlawful
				  discriminatory practice, the Commission shall examine that recommendation for
				  disposition and shall then determine what disposition shall be made of the
				  complaint. If the Commission shall determine that such complaint should be set
				  for public hearing, the Executive Director shall appoint a hearing officer and
				  cause a notice of public hearing to be served upon the parties as hereinafter
				  provided. If the Commission determines that such complaint should not be set
				  for public hearings, it shall order the same dismissed, and the parties shall
				  be notified by mail of such determination.
Either party may request a conciliation conference to be held
				  by the Commission. Such request shall be made within ten (10) days after the
				  party received the letter of determination from the Commission. The Respondent
				  and Complainant shall appear at the conciliation conference either in person or
				  by an attorney, or both. The place of the conference designated by the
				  Commission shall be at a place reasonably convenient for the parties. 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. The conciliation conference can be accomplished by telephonic
				  means.
2.003.02
				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. No stenographic report or recording shall be taken of
				  the proceedings of any conciliation conference. Nothing said or done during and
				  as a part of such endeavors shall be used as evidence in a subsequent
				  proceeding.
2.003.03
				Settlement and Order
2.003.03A
Settlement Terms Approved by the Commission.
If a settlement is
				effected in a conciliation conference, the terms of which are approved by the
				Executive Director, the Commission shall have the written terms of settlement
				and adjustment prepared and signed by the parties; and the Commission shall
				therefore 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 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 Executive Director 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.
2.003.03B
Dismissal.
The Commission may, without the consent of the
				Complainant, dismiss the charge, if, in its opinion, the matter brought forth
				in the conciliation conference establishes that the Respondent has eliminated
				the effects of the alleged unlawful employment practice or practices with
				respect to the Complainant or if the Respondent has offered in good faith to
				eliminate the effects of the charged employment 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.
2.003.03C
Settlement Terms Not Approved
				by the Commission.
If the terms of settlement and adjustment agreed to
				by the parties are not approved by the Executive Director, 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.