N.H. Admin. Code § Hum 207.02

Current through Register No. 50, December 12, 2024

Section Hum 207.02 - Additional Information from the Respondent

(a) If the investigator considers the information relevant to the investigation, the investigator shall request the respondent to provide information including the following:

(1) A written verified response to the complaint complying with (b) below;

(2) Records and documents, including but not limited to:

a.Records relating to the qualifications, performance and disciplinary history of the complainant;

b.The respondent's records relating to the qualifications, performance and disciplinary history of other individuals; and

c.The respondent's records relating to the person alleged to have committed the discriminatory act(s), including, but not limited to, personnel files, wage records, and the results of any investigations of internal complaints involving that person;

(3) Descriptions and copies of business policies and practices;

(4) A list of individuals who might be similarly situated to the complainant showing, but not limited to, the following information about them:

a.Full names;

b.Protected class status;

c.Compensation; and

d.Last known home addresses and telephone numbers;

(5) A list of individuals who might be similarly situated to the person accused by the complainant of discriminatory act(s), showing, but not limited to, the following information about them:

a.Full names;

b.Protected class status;

c.Compensation; and

d.Last known home addresses and telephone numbers;

(6) A list of potential witnesses for the respondent, including:

a.The names, addresses and telephone numbers of witnesses; and

b.A brief description of the information each witness is expected to provide; and

(7) Any other information relevant to the investigation of the complaint.

(b)A written verified response to the complaint shall include:

(1) The name and address of the respondent;

(2) The name and address of the respondent's attorney if the respondent is represented by counsel;

(3) For each allegation of the complaint contested by the respondent, an answer in the form of:

a.A general or specific denial made on information and belief; or

b.A statement that the respondent is without knowledge or information sufficient to form a belief; and

(4) Any affirmative defenses that the respondent wishes to raise.

(c) Any allegation in the complaint which is not denied in the answer shall be deemed admitted, unless the respondent states in the answer that the respondent is without knowledge or information sufficient to form a belief about the allegation.

N.H. Admin. Code § Hum 207.02

#6686, eff 2-5-98, EXPIRED: 2-5-06

New. #8589, INTERIM, eff 3-18-06, EXPIRED: 9-14-06

Source.(See Revision Note at chapter heading for Hum 200) #8814, eff 2-3-07