Current through Register Vol. 48, No. 11, November 22, 2024
Section 65-5 - Conference, Conciliation and PersuasionA. Negotiated (No-Fault) Settlement. Before a reasonable cause determination is made, the Commission may encourage the parties to settle the complaint on terms that are mutually agreeable to them. If the respondent makes any offer of settlement, the Commission will present the complainant with the offer. The complainant may accept the offer or decline it. In either case, the Commission will inform the respondent of the complainant's decision. If the respondent and charging party agree on a settlement, the Commission shall agree to accept the settlement and shall take no action on the complaint. During no-fault settlement negotiations, the Commission shall suspend investigative efforts and give the parties a reasonable time to reach a settlement. Negotiated settlements shall note that the Commission has made no judgment on the merits of the complaint. In the alternative, the Commission may facilitate a settlement between the complainant and the respondent by permitting withdrawal of the complaint pursuant to 65-2I above.B. Conciliation Prior to Issuance of a Determination.(1) Prior to the issuance of a determination as to reasonable cause, the Commission shall encourage the parties to settle the complaint on terms that are mutually agreeable to the parties involved. The Commission shall limit its undertaking in such settlements and note that the Commission has made no judgment on the merits of the complaint. Such an agreement shall not affect the processing of any other complaint, including, but not limited to, the allegations of a complaint filed by another complainant which are like or related to the individual allegations settled.(2) In the alternative, the Commission may facilitate a settlement between the person claiming to be aggrieved and the respondent by permitting withdrawal of the complaint pursuant to Section 65-2I above.C. Conciliation After Issuance of a Determination.(1) Where the Commission 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. In conciliating a case in which a determination of reasonable cause has been made, the Commission shall attempt to achieve a just resolution of all violations found and to obtain agreement that the respondent will eliminate the unlawful employment practice and provide mutually acceptable relief. Where such conciliation attempts are successful, the terms of the conciliation agreement shall be reduced to writing and shall be signed by the Commission's designated representative and the parties. Such conciliation agreement may include a non-admissions clause wherein respondent denies that it has violated the Act. A copy of the signed agreement shall be sent to the respondent and the person claiming to be aggrieved who are signatories thereto.(2) Proof of compliance with the terms of the conciliation agreement shall be obtained by the Commission before the case is closed.(3) As provided in the Act, no conciliation agreement in which a state agency or department or local subdivision of a state agency or department is the respondent shall be an effective resolution of the complaint unless the supervisory commission member shall have reviewed and approved the terms thereof.(4) Where the Commission is unable to obtain voluntary compliance as provided by the Act and it determines that further efforts to do so would be futile or non-productive, it shall so notify the parties in writing.(5) Nothing that is said or done during and as part of the informal endeavors of the Commission to eliminate unlawful employment practices by informal methods of conference, conciliation, and persuasion may be made a matter of public information by the Commission, its officers or employees, or used as evidence in subsequent proceedings without the written consent of the persons concerned. This provision does not apply to such disclosures to the representatives of federal, state or local agencies as may be appropriate or necessary to the carrying out of the Commission's functions under the Act: provided, however, that the Commission may refuse to make disclosures to any such agency which does not maintain the confidentiality of such endeavors in accord with this Section or in any circumstances where the disclosures will not serve the purposes of the effective enforcement of the Act.