There are several steps involved in filing a civil rights complaint with the Bureau of Labor and Industries. And the steps vary, depending on the findings of the intake officer and the investigator. The entire process generally takes seven months, but may take up to one year. The process includes the following components:
 

Contact BOLI

Fill out the Questionnaire

Review the Complaint

Investigation

Conduct a Fact-Finding Conference

Conciliation

Administrative Hearing

Complainant Responsibilities

Civil Rights Division Limitations

 
Contact BOLI
Filing a complaint begins by contacting BOLI´s Civil Rights Division. To do that call any of our local bureau offices, and leave your name and a phone number where you can be reached.
 
An intake officer will return your call to get information about your situation. The intake officer uses the information you provide to decide if you have a basis for filing a civil rights complaint.
 
If you do not have a basis for filing a discrimination complaint, the intake officer tells you immediately and, if possible, refers you to someone who might give you other assistance.
 
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Fill out the Questionnaire
If the intake officer finds that you do have a basis for filing a complaint, you are sent a questionnaire to complete and return to the Division.
 
After you return the questionaire to the Division, your questionnaire is assigned to an intake officer, who drafts your discrimination complaint. In most cases, the intake officer will need more information from you to draft the complaint. The intake officer will call or write you.
If the intake officer requests additional information, you must respond promptly or your complaint will not be processed further.
 
If the basis for filing your complaint is covered by both state and federal law, a complaint filed with BOLI (state) is automatically filed with the feder Equal Employment Opportunity Commission (EEOC), provided it meets the jurisdictional guidelines. This is called a dual filing.
 
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Review the Complaint
A copy of the complaint, drafted by the intake officer, is mailed to you for review. It is important that you read the complaint very carefully and follow the directions about signing and verifying the document. If the complaint is acceptable, you must have it properly verified by signing the complaint in front of a notary. The Bureau provides notary service, if needed.
 
Return your signed and notarized complaint to the division. The day the division receives your signed and properly notarized complaint is the official filing date.
 
Since you initiated the complaint, you are referred to as the complainant. The person or organization you made the complaint against is referred to as the respondent.
 
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Investigation
After your case is filed, it is assigned to a civil rights senior investigator. The investigator sends a notice to you and the respondent. The respondent is asked to respond to the allegations contained in your complaint. An appointment for your initial interview will be scheduled. If you cannot be available at your scheduled time, you must contact your investigator immediately to reschedule your interview. If you do not complete the interview or cooperate in rescheduling it, your complaint will be dismissed.
 
Generally, an investigator interviews you within 40 days from the date your case is assigned to an investigator. This interview is very important because the information you provide determines how the investigator proceeds with your case. The interview covers each discriminatory act stated in your complaint and its date of occurrence. You must be able to tell the investigator how each discriminatory act is linked to your protected class(es).
 
Among other things, the investigator will ask you to identify witnesses and comparators. Comparators are other employees or indivduals who, in a situation similar to yours, were treated the same as you or differently by the respondent.
 
To prove discrimination occurred, you must provide substantial evidence. After the interview, the investigator analyzes the information you provided and the information provided by the respondent.
 
Your case will proceed to further investigation if additional information is needed to determine whether substantial evidence exists to support your allegations. If substantial evidence is found through additional investigation, a Substantial Evidence Determination is issued. If no violation is found, the Division dismisses the case and notifies you and the respondent of the dismissal. When the case is closed, the complainant is issued a 90 day notice of the right to file a civil suit.
 
You can withdraw your complaint at any time during the investigative process. If you want to withdraw your complaint, contact the investigator. The division dismisses your complaint following your withdrawal.
 
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Conduct a Fact-Finding Conference
During an investigation the investigator may require you to attend a fact-finding conference. The purpose of a fact-finding conference is to identify points of agreement and disagreement and, if possible, resolve any disputes and settle the complaint.
 
If the fact-finding conference results in both parties agreeing to settle the complaint, the investigator drafts a conciliation agreement and closes the case.
 
If the fact-finding conference does not result in a settlement, the investigation continues if more information is required. However, the investigator may be able to complete the case with the information supplied at the fact-finding conference
 
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Conciliation
It may be possible to resolve your complaint through a conciliation, either during the investigation or after the issuance of a Substantial Evidence Determination. A conciliation is a voluntary, no-fault settlement of a complaint.
 
If you and the respondent are able to come to an agreement on a settlement, the Division will draft a conciliation agreement for signature. This resolves the complaint. When the conciliation agreement is signed, the complaint is closed.
 
If the investigator makes a Substantial Evidence Determination, the Division will attempt to conciliate the case and will contact both the complainant and the respondent.  (All cases involving fair housing violations and resulting in a Substantial Evidence Determination will result in Formal Charges by the agency.)
 
If conciliation fails, the Civil Rights Division´s (CRD) management reviews the case to decide if BOLI will forward it to a case presenter in BOLI´s Hearings Unit for further action. If the case is referred to the Hearings Unit, a case presenter reviews the file and decides if the evidence meets the higher standard required for an administrative hearing. Not all Substantial Evidence Determinations (except for those involving fair housing violations) meet this standard.
 
If the case presenter decides that the case should receive an administrative hearing, BOLI represents you at the hearing without charge.
 
If either CRD management or the case presenter decides against an administrative hearing, the case is closed and you are issued a 90 day notice of your right to file a civil suit.
 
On the one year anniversary of the filing of a complaint, the complainant must be issued the 90 day notice of the right to file a civil suit, even if BOLI is referring the case to the Hearings Unit or has not yet made this decision.
 
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Administrative Hearing
An administrative hearing is similar to a court hearing and the decision of the administrative law judge has the same weight as a judge´s decision.
 
If the finding of the administrative hearing is in your favor, the Commissioner of the Bureau of Labor and Industries issues a final order and specifies a remedy.
 
A remedy is an award of money or a command to the respondent to compensate you for the effects of an unlawful practice.
 
In cases of discrimination in employment, potential remedies include employment or reemployment, back pay or other benefits lost due to the discriminatory practice, out-of-pocket expenses having to do with the discriminatory practice and compensation for emotional distress.
 
In cases of discrimination in housing or in places of public accommodation, remedies may include the rental, lease, or sale of real property, the provision of services, out-of-pocket expenses or benefits lost because of the discriminatory practice and compensation for emotional distress.
 
If, during the processing of a complaint, the division finds that the respondent made a settlement offer that provides an effective remedy to the unlawful practice, the division will tell you about the offer. If you do not accept it, the division will close the complaint.
 
In cases where a complaint has been dual-filed with the EEOC, the EEOC determines whether the offer constitutes a full settlement of the federal charge.
 
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Complainant Responsibilities
As a complainant, you have several responsibilities:

• You must file your complaint within one year of the date the discrimination occurred.
• If your complaint is about retaliation involving unsafe work practices, in most cases you must file your complaint within 90 days of the occurrence of the retaliation.
• You should keep careful records of the dates, names, addresses and phone numbers of any witnesses to the discriminatory act(s).
• You must tell the investigator if you change your address or telephone number. If the investigator cannot locate you, your case may be dismissed.
• You have an obligation to mitigate your damages and keep records of your mitigation.
• Your cooperation is important! You must give the intake officer or the investigator the information requested so your complaint can be processed and investigated. If you cannot do this, the Division may not accept your complaint, or may dismiss a complaint that has been filed. If you fail to cooperate during the process, the Division could close your case.
• You have the burden of proving your case by substantial evidence.

 
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Civil Rights Division Limitations
The Civil Rights Division cannot process your complaint if there is not enough evidence to show that you were discriminated against on the basis of protected class status.
 
An investigator cannot give you legal advice or act as a lawyer for you or for the respondent. The investigator´s role is to investigate the facts of your case in an unbiased manner and to help resolve the complaint.
 
In most cases you have only one year from a date of harm in which to file a complaint.
 
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