Investigative Process

Serve as neutral finders of fact.
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 parties to respond to the allegations.
Conduct a timely investigation.
Consider all defenses raised.
Inform the parties when the investigation is complete, as well as the outcome of the investigation.

It is important to understand that MCCR neither represents nor advocates for any party to the investigation. Rather, MCCR represents the interest of the State of Maryland by enforcing Maryland's laws prohibiting unlawful discrimination, harassment, and retaliation.

Notifying the Respondent

When a Charge of Discrimination is filed against an employer, housing provider, 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. such as by raising factual or legal defenses to the charge.

The Respondent(s) is given a copy of the complaint and instructions about the process. This also provides them with an opportunity to conduct their own investigation and respond to the allegations. Once prepared, the Respondent submits a position statement specifically addressing the Complainant's allegations and providing evidence to substantiate their response to the allegations. At that time and consistent with MCCR's transparency policy, the Civil Rights Officer provides the Complainant with an opportunity to rebut the position statement. The Civil Rights Officer may also question the Complainant about the Respondent's answer to the complaint.

The Civil Rights Officer will collect any additional necessary evidence and/or interview witnesses with direct and actual knowledge of the events that prompted the complaint. At every opportunity during the investigation, the Civil Rights Officer will attempt to negotiate a resolution to the case, if the parties are willing to do so.

A Charge of Discrimination does not constitute a finding that a party engaged in unlawful discrimination. MCCR's investigative processed collects evidence to determine whether there is probable cause to believe discrimination occurred in violation of Maryland law.

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 Complainant and the Respondent if the charge is eligible for mediation. You may ask the Civil Rights Officer about different settlement options that may be available to resolve the complaint. Mediation and settlement are voluntary resolutions.

Respondent's Role

There are many Charges of Discrimination 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 allegations. A Respondent should:

Work with the Civil Rights Officer to identify the most efficient and least burdensome way to gather relevant evidence.
Submit a prompt response to MCCR and provide the information requested, even if it is believed the Charge of Discrimination does not have merit.
Provide complete and accurate information in response to requests from the Civil Rights Officer.

MCCR's experience shows that undue delays in responding to requests for information extend the time it takes to complete an investigation. If there are extenuating circumstances preventing a timely response to a request for information, contact the Civil Rights Officer to identify a feasible and acceptable submission date.

MCCR is entitled to all information relevant to the allegations contained in the Charge of Discrimination. To aid in the enforcement of Maryland's anti-discrimination laws, Md. Code Ann., State Gov. Art. § 20-1010 and § 20-1023 grants MCCR the authority to issue subpoenas. 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 - please contact the Civil Rights Officer. In some instances, the information request may be modified.
Keep relevant documents. If you are unsure whether a document is needed, ask the Civil Rights Officer. By law, employers are required to keep certain documents for a set period of time.

Requests for Information

During the investigation, the Complainant and the Respondent both will be asked to provide information. The Civil Rights Officer will objectively evaluate the information submitted and make a recommendation as to whether there is probable 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 applicable to the charge. MCCR carefully considers any asserted defenses, including those based on religion, bona fide private membership club, or other defenses, at any time during the MCCR's administrative investigation.
Respond to a Request for Information (RFI). For example, in employment discrimination complaints, the RFI may ask the Respondent to submit personnel policies, Complainant'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 individuals, such as employees, available for witness interviews. A representative of the Respondent usually may be present during interviews with management personnel, but the Civil Rights Officer is allowed to conduct interviews of non-management level employees without the presence or permission of the employer.

The Civil Rights Officer collects information during the investigation by gathering and analyzing documents, conducting on-site visits, interviewing witnesses and, if necessary, conducting fact finding conferences.

Amending Complaints

If new events take place after you file your charge that you believe are discriminatory, MCCR can add these new events to the investigation. This can be accomplished by amending the Charge of Discrimination. In some cases, MCCR may decide it is better to prepare a new Charge of Discrimination for investigation. In either event, MCCR will send the new or amended Charge of Discrimination to the Respondent and investigate the new events along with the original allegations. Keep in mind that the strict deadlines for filing a complaint also apply when you want to amend an existing Charge of Discrimination or file a new complaint. The fact that you filed an earlier complaint may not extend the deadline. For this reason, you should contact your Civil Rights Officer immediately if you think additional or other discriminatory events have taken place.

Concluding the Investigation

Once the Civil Rights Officer collects all of the information and if no resolution can be achieved during the administrative process, a written finding of either Probable Cause of No Probable Cause will be issued. The issuance of a written finding officially concludes the investigation. Learn more about concluding the investigation.