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The HRC conducts discrimination investigations in Lexington-Fayette Urban
County in the following areas:
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Employment - based on race, color, religion, national origin, sex,
age (40+), disability, sexual orientation/gender identity and/or
retaliation. |
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Housing - based on race, color, religion, national origin, sex,
disability, familial status (presence of family member under the age of 18
in the household), sexual orientation/gender identity and/or retaliation. |
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Public Accommodations - based on race, color, religion, national
origin, sex (limited to restaurants, hotels, motels, or facilities supported
by government funds), disability, sexual orientation/gender identity and/or
retaliation. |
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How to File a Complaint
Complaints may be filed in person, online, by mail, or by telephone by contacting the
HRC office at:
162 East Main Street, Suite 226
Lexington, KY 40507
Ph: (859) 252-4931
TDD: (859) 252-7057
Please call or write beforehand if you need special assistance, such as an
interpreter.
There are strict timeframes in which complaints must be filed. To
preserve the ability of the HRC to act on your behalf, and in some cases protect
your right to file a private lawsuit if you ultimately need to, please adhere to
the guidelines when filing a complaint.
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Investigative Process
The investigation of a charge of
discrimination filed
with the Lexington-Fayette Urban County Human Rights Commission (HRC) is an
official inquiry by the Commission. The purpose of a Commission investigation
is to determine whether a statute enforced by the Commission has been violated,
and where a violation is found, attempt to obtain appropriate relief for the
aggrieved party.
Agreements with the Equal Employment Opportunity Commission (EEOC)
and Department of Housing and Urban Development (HUD) provide that the HRC shall
render assistance to persons who may wish to file charges or complaints under
Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay
Act (EPA) and Title VIII of the Civil Rights Act of 1968.
When a potential charging party is outside the normal commuting
area of Lexington-Fayette County, the complaint may be taken telephonically and
mailed to the charging party for verification and signature. Local
charging parties are encouraged to come into the office for an intake interview
to determine if there is a basis for filing the charge.
A valid complaint must typically contain the following:
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Must be timely, in writing and signed by the aggrieved
person |
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Must identify the discriminatory employer, housing provider,
or place of public accommodation |
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Must describe the adverse action or practice complained of |
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Must articulate a discrimination statement identifying the
basis and issue and the statute alleged to have been violated. |
If it is determined that the HRC has jurisdiction over the
charge, an investigator will conduct a detailed interview concerning the
allegations to establish whether there is a basis to file a complaint of
discrimination and to obtain all other relevant facts. Whether a complaint
is filed or not rests completely with the individual. If a complaint is
filed, the investigator will explain that an initial assessment will be made to
determine whether the charge will be dismissed or investigated further.
The usual procedure for further investigation of a charge
is:
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Complaint is served on the employer within five (5) days of
the Commission's receipt. |
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The Commission may then ask the employer, housing
provider or place of public accommodation to submit a position statement
and/or to submit documents in support of its position. Later, a
follow-up request for information may be sent.
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The position statement is the Respondent's written
response to the allegations made in a complaint and presents their
reasons for the action and included documents which supports its
position. |
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The request for information is for the purpose of
gathering additional documentary evidence and, when relevant,
comparative information as to how others similarly situated were
treated. |
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Other investigative steps may include:
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Respondent's response to the request for information and
facts contained in the position statement are discussed with the Charging
Party.
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Charging Party may offer rebuttal information or confirm
the Respondent's response. |
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Charging Party may identify additional witnesses to
support allegations or to rebut Respondent's position. |
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After review of the above data, the investigator may, when
necessary, also conduct an on-site investigation and interview witnesses
identified by the charging party and respondent. In the alternative,
the investigator may conduct telephone interviews with witnesses. |
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The investigator analyzes all of the evidence gathered
during the investigation and makes a recommendation for the type of
resolution (cause/dismissal). |
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Recommendation for resolution is submitted for
management/legal review and issuance of a determination. |
Types of resolutions
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Mediation
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Voluntary process. |
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Commission suspends investigation process pending
outcome of mediation. |
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Resolution results in withdrawal of the complaint. |
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Investigation process is resumed if complaint is not
resolved in mediation. |
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Pre-Determination Settlement
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Can be initiated by any of the parties at any time
during the investigation prior to issuance of a determination |
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Dismissal (No Cause Determination)
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A complaint may be dismissed at any point if, in the
agency's best judgment, further investigation will not establish a
violation of federal discrimination laws. Dismissal may occur at
intake if the interview yields no evidence to support the allegation. |
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Successful Conciliation (Cause Determination Issued)
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Commission policy will seek substantial relief for
charging party and any identified victims which may include back pay
plus interest, reinstatement, promotion, compensatory damages, etc. |
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Agreement is monitored by Commission for its duration. |
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Unsuccessful Conciliation (Cause Determination Issued)
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Parties are unable to arrive at a mutually acceptable
agreement. |
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Commission may elect to pursue an administrative hearing
in employment and public accommodations cases; or for housing cases, may
elect to pursue an administrative hearing or litigate in Circuit Court. |
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Administrative Closure
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Charging Party withdraws complaint because the complaint
has been resolved satisfactorily without Commission involvement or
because s\he no longer wishes to pursue the complaint - Charging Party
must state that the withdrawal is not due to coercion or intimidation by
the Respondent. |
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Commission may initiate closure due to lack of
jurisdiction, failure to locate the Charging Party or Respondent, or
refusal of the Charging Party to cooperate with the Commission's
investigation. |
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