Ariz. Admin. Code § 10-3-207

Current through Register Vol. 30, No. 50, December 13, 2024

Section R10-3-207 - Reasonable cause, conference, conciliation and persuasion

A. If the Division determines that a charge fails to state a valid claim for relief under the Act or that there is not reasonable cause to believe that a charge is true, the Division shall dismiss the charge. Where, however, it determines that there is reasonable cause to believe that an unlawful employment practice has occurred or is occurring, it shall endeavor to eliminate such practice by informal methods of conference, conciliation, and persuasion.

B. The Division shall promptly notify the Charging Party and the Respondent, or in the case of a charge filed by the Division, the Respondent of its determination under subsection (A) of R10-3-207.

C. Conciliation agreement: In conciliating a charge in which a determination of reasonable cause has been made, the Division shall attempt to achieve a just resolution and to obtain assurances that the Respondent will eliminate the unlawful employment practices and take appropriate affirmative action. Conciliation agreements shall be in writing, and copies shall be sent to the parties. Proof of compliance with the conciliation agreement shall be obtained by the Division before the charge is closed.

D. Refusal of Respondent to cooperate: Should a Respondent fail or refuse to confer with the Division or its representatives, or fail to refuse to make a good faith effort to resolve the dispute, the Division may terminate its efforts to conciliate the dispute. In such event, the Respondent shall be notified promptly, in writing, that such efforts have been unsuccessful and will not be resumed except upon the Respondent's written request within the time specified in such notice.

E. Confidentiality of conciliation discussions: Nothing that is said or done during and as a part of the endeavors of the Division to eliminate unlawful employment practices by informal methods of conference, conciliation and persuasion may be made a matter of public information by the Division, or used as evidence in a subsequent proceeding without the written consent of the parties concerned.

Ariz. Admin. Code § R10-3-207

Adopted effective September 2, 1977 (Supp. 77-5).