Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 2 - PROCEDURE › Section 139-2-003 - Reasonable Cause Findings

Current through June 17, 2024
003.01 If the Commission, based upon the
				report of its investigation by its employees, determines that there is
				reasonable cause to believe that. the alleged discriminatory unequal pay
				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
				discriminatory unequal pay practice and to prevent repetition thereof.
Both the complainant and the respondent shall be notified of
				  the time and place of the conciliation conference by 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. In the event of failure or refusal of the
				  respondent to appear or participate in the conciliation conference, the
				  Commission may bring any legal action necessary on behalf of the
				  complainant.
003.02 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 conference may be made
				public if legal action is taken.
003.03
Settlement and Order
003.03A 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 take necessary legal action on behalf of
				the complainant.
003.03B The
				Commission may, without the consent
of
the complainant,
				dismiss the charge if, in its opinion, matter brought forth in the conciliation
				conference establishes that the respondent has eliminated the effects of the
				alleged discriminatory unequal pay practice with respect to the complainant or
				if the respondent has offered in good faith to eliminate the effects of the
				alleged discriminatory unequal pay 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 If the terms of settlement and
				adjustment agreed to 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 take legal action on behalf of the complainant in the event of an alleged
				violation of the terms of settlement and adjustment.