When a charge is filed against an employer or other entity (referred to as the Respondent), MCCR will notify the Respondent within 10 days. The notification will provide instructions for the Respondent to submit a position statement responding to the allegations and raising factual or legal defenses to the charge.
A charge does not constitute a finding that you engaged in discrimination. MCCR has authority to investigate whether there is reasonable cause to believe discrimination occurred.
In many cases, the Respondent may choose to resolve a charge through mediation or settlement. At the start of an investigation, MCCR will advise both the Respondent and the Charging Party if the charge is eligible for mediation, but feel free to ask the investigator about the settlement option. Mediation and settlement are voluntary resolutions.
During the investigation, the Respondent and the Charging Party will be asked to provide information. The MCCR investigator will evaluate the information submitted and make a recommendation as to whether there is reasonable cause to believe that unlawful discrimination has taken place. The Respondent may be asked to:
- submit a statement of position. This is an opportunity for Respondent to tell its side of the story and raise any factual or legal defenses to the charge. MCCR encourages you to raise in your position statement any factual or legal defenses that you believe are applicable. MCCR carefully considers any asserted defenses, including those based on religion or bona fide private membership club, or other defenses at any time during the MCCR's administrative process.
- respond to a Request for Information (RFI). The RFI may ask the Respondent to submit personnel policies, Charging Party's personnel files, the personnel files of other individuals and other relevant information.
- permit an on-site visit. Such visits greatly expedite the fact-finding process and may help achieve quicker resolutions. In some cases, an on-site visit may be an alternative to an RFI if requested documents are made available for viewing or photocopying at the time of the on-site visit.
- provide contact information for or have employees available for witness interviews. A representative of the Respondent usually may be present during interviews with management personnel, but the MCCR investigator is allowed to conduct interviews of non-management level employees without the presence or permission of the employer.
There are many charges where it is unclear whether discrimination may have occurred, and an investigation is necessary. Respondents are encouraged to present any facts that they believe show the allegations are incorrect or do not amount to a violation of the law (for example, because the Respondent asserts a defense based on religion, or bona fide private membership club, or other defenses). A Respondent's input and cooperation will assist MCCR in promptly and thoroughly investigating a charge.
- Work with the investigator to identify the most efficient and least burdensome way to gather relevant evidence.
- You should submit a prompt response to MCCR and provide the information requested, even if it is believed the charge does not have merit.
If there are extenuating circumstances preventing a timely response from you, contact your investigator to work out a new due date for the information.
- Provide complete and accurate information in response to requests from your investigator.
If new events take place after you file your charge that you believe are discriminatory, we can add these new events to your charge and investigate them. This is called "amending" a charge. In some cases, we may decide it is better for you to file a new charge of discrimination. If new events are added to your charge or a new charge is filed, we will send the new or amended charge to the employer and investigate the new events along with the rest. Keep in mind that the strict deadlines for filing a charge also apply when you want to amend a charge. The fact that you filed an earlier charge may not extend the deadline. For this reason, you should contact your investigator immediately if you think other discriminatory events have taken place.
Our experience shows that undue delay in responding to requests for information extends the time it takes to complete an investigation.
- MCCR is entitled to all information relevant to the allegations contained in the charge and has the authority to subpoena such information. If you have concerns regarding the scope of the information requested—for example, if you believe that MCCR should consider a defense you have asserted before investigating the merits of the charge—advise the MCCR investigator. In some instances, the information request may be modified.
- Keep relevant documents. If you are unsure whether a document is needed, ask your investigator. By law, employers are required to keep certain documents for a set period of time.
MCCR will:
- be available to answer questions about the investigation
- respond to inquiries about the status of the investigation, including the rights and responsibilities of the parties
- allow the Respondent to respond to the allegations
- conduct a timely investigation
- consider all defenses raised
- inform the Respondent of the outcome of the investigation
