Complaint Processing
The Equal Opportunity/Affirmative Action Ordinance requires that complaints be filed within six (6) months of the date of the alleged act of discrimination in employment. One (1) year is the time limit for filing a complaint alleging housing discrimination.
Investigation
After reviewing all relevant records and conducting witness interviews, the Investigator will write a case summary. The case summary will be submitted to the Commission Chairperson, who will appoint two commissioners to examine the file. They will issue a finding of either Probable Cause or No Probable Cause.
Commission Finding
In order to make a Probable Cause finding, the Commission must be able to prove that an act of discrimination occurred based upon the evidence found during the investigation. If there is no proof, the Commission cannot find Probable Cause. This is important to understand, as it means that no matter what may be thought or felt about a given case, there must be proof for a Probable Cause finding. Lacking proof, the Commission must find No Probable Cause.
In order to make a Probable Cause finding, the Commission must be able to prove that an act of discrimination occurred based upon the evidence found during the investigation. If there is no proof, the Commission cannot find . This is important to understand, as it means that , there must be proof for a finding. Lacking proof, the Commission must find .
The goal of the Commission is to conduct a thorough and objective investigation, and that investigation must be able to prove that an act of discrimination did occur based upon the evidence found. The Commission is required by ordinance to assume a neutral, non-adversary (impartial) role throughout an investigation. This means the Staff Investigator cannot represent either side, Complainant or Respondent. The Investigator, instead, will attempt to gather all of the facts in an objective, impartial manner, for presentation to the Commission for a decision.
If the Commission issues a No Probable Cause finding, the Commission will close the case and take no further actions. The Complainant, however, may then file an action in the District Court of Kansas, or in Federal District Court, through private legal counsel.
If the Commission issues a Probable Cause finding, the Director or designated staff will attempt to resolve the complaint through a written conciliation settlement. If conciliation efforts fail, the case will likely be scheduled for an administrative (Section 13-88) hearing. The case in support of the complaint shall be presented before the hearing officer by the city attorney or city prosecutor, or by the private counsel of the Complainant. The order of the hearing officer shall be deemed an order of the Commission. The Commission decision after a public hearing can then be appealed to the District Court by either party.