People calling the NEOC to file a charge of discrimination will be referred to
the agency's intake unit to set up an appointment. These staff members
are trained to assist potential complainants in discerning whether particular
alleged harms would be covered under the laws which the NEOC enforces.
During the interview, the intake investigator will explain the relevant laws
which the NEOC enforces and talk with the complainant about the law's relation
to the alleged harm. The NEOC investigates charges of discrimination
based on race, color, national origin, religion, sex (including pregnancy),
disability, marital status, and age. The intake interviewer will help
the complainant identify the basis of harm. Additionally, the intake
staff will help explain various jurisdictional issues. If the complainant chooses
to file a charge, the intake investigator will prepare a formal charge of
discrimination which the complainant must sign and have notarized.
Service is the next step in the complaint process. Once the
charge is filed (signed by the complainant and notarized) , the NEOC must serve the charge
on the respondent within 10 days. Employment Respondents have 30 days from the day
they receive the charge of discrimination to prepare their response and
produce the documents requested at the time of service. Public
Accommodations Respondents have 20 days to prepare their response and produce
the documents at the time of service. Both Employment and Public
Accommodations Respondents may request a 30 day
extension to this response time. Such an extension will be granted only for good cause.
Housing Respondents have 10 days to prepare their response and produce the
documents requested at the time of service. If such respondents require
additional time to prepare, they must contact the assigned investigator
directly.
At this time, both the complainant and the respondent will be offered an
opportunity to participate in a pre-determination settlement process (PDS) or
in mediation. If both parties agree, the case will be immediately given
to someone who will facilitate settlement discussions. If either or
both parties decline participation in the PDS or mediation process or if an attempted
settlement fails, the Employment or Public Accommodations case file will be placed in the NEOC's case repository
to await assignment for investigation. Housing cases are assigned for
investigation at the time of service due to the statutory requirement which
mandates the investigation be completed within 100 days.
Investigation is the next step in the complaint process. The
Commission determines the appropriate level of investigation in each
case. Both parties to the complaint will be notified in writing when the
case is assigned to an investigator. The investigator will request
information and documentation from both parties. Complainant and
respondent witnesses may be interviewed. Where necessary, an on-site
visit will be conducted at the respondent's actual location to gain first-hand
knowledge of job duties, processes, and practices. Both the complainant
and the respondent will be full parties to the investigation. The
investigator will share with both parties the information given by the other,
for the purpose of clarification/verification. Each party will be given
a chance to respond to the information provided by the other party and to give
the investigator evidence to support their position.
The investigator may also elect to bring the parties together in a fact
finding conference to expedite the investigation process. A fact finding
conference is an investigative forum intended to define issues, to determine
which elements are undisputed and to ascertain what additional evidence is
needed to bring the investigation to a recommendation. This informal
meeting is not confrontational and all questioning will be done by the
investigator - the parties are not allowed to cross-examine the other party.
Retaliation: Nebraska law requires that individuals who file a
complaint, testify, assist, or otherwise oppose unlawful discrimination not be
retaliated against.
Conclusion of the investigation is important. The investigator
will review the allegations and the evidence gathered with the
complainant. The investigator will also inform the respondent of the
completion of the investigation and offer them an opportunity to furnish
additional relevant evidence. The purpose of the final meeting, called a
"pre-determination interview," is to ensure that each party is given
a chance to understand what has transpired, what has been found and what, if
anything, either party believes should be looked into further.
Determination is the final stage. The decision is made by the
Executive Director in cases of employment discrimination other than age or
equal pay complaints. The Commissioners make the decision by majority
vote in all other cases. The Commissioners meet once a month at
different locations throughout the state. It is important to know that
neither the intake interviewer nor the investigator makes the actual decision
on the case. Only the Commissioners or the Executive Director can render
such a decision. Both parties will receive a Formal Determination letter
from the Commission which explains the decision that has been rendered and
what subsequent actions, if any, will be or should be taken.
If you have further questions, please explore this web site further, or Contact
Us.
