Investigation Conclusion
Findings of Probable Cause or No Probable Cause
Once the investigator has completed the investigation, MCCR will make a determination on the merits of the charge. The Investigator will draft a written finding, which will clearly state the positions of the Complainant and Respondent relative to the allegations made in the complaint, and identify the results of the investigation.[1]
Probable Cause
If MCCR determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a written finding of Probable Cause stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through an informal process known as conciliation. When conciliation does not succeed in resolving the charge, MCCR has the authority to enforce violations of its statutes by filing a lawsuit in state court.
The Investigator will take the necessary steps to resolve the matter.[2] MCCR staff is responsible for making a good faith effort to conciliate these matters. Conciliation efforts focus on bringing the discriminatory practice/policy into compliance with the law and providing full remedy and relief for the Complainant. However, if conciliatory efforts fail, the case will be forwarded to the Commission’s Office of the General Counsel. Find out more about the legal services offered by the Office of the General Counsel.
No Probable Cause
If MCCR is unable to conclude that there is reasonable cause to believe that discrimination occurred, the Charging Party will be issued a written finding concluding No Probable Cause and the case will be dismissed. This notice informs the Charging Party that they have the right to file a written Request for Reconsideration directly o the Commission’s Deputy Director[4] with MCCR within 15 days of the issuance of the No Probable Cause finding. Once the Deputy Director has reviewed the Complainant’s request, a decision will be made to either uphold the finding issued by the Investigator or remand the case back to the Investigator for further investigation.
The Complainant also has the right to request a Substantial Weight Review with EEOC which must be filed directly with EEOC and done so within 15 days from which the finding was issued.
Additionally, the Complainant has the ability to request a Federal Notice of Right to Sue from the EEOC which would enable the Complainant to file a complaint in Federal District Court. The employer will also receive a copy of this notice.
Questions about findings
Questions about case findings
If you receive a No Probable Cause (NPC) written finding, that does not mean that the investigator did not believe that you were discriminated against or that nothing happened to you. More likely than not, there wasn’t enough evidence to substantiate the discrimination allegation(s) in the complaint. The agency must satisfy all of the legal requirements of each issue.
Pursuant to the Commission’s Rules of Procedure, Comar 14.03.04.12 (F), a Charging Party may request reconsideration of a written determination. A request for reconsideration may be filed within 15 days after the decision was mailed. The 15-day deadline applies to most decisions, to include, No Probable Cause, No Jurisdiction, Failure to Cooperate, and Failure to Locate. The request for reconsideration should be emailed to the Deputy Director. Please include your name, case number, and the reason (s) for the appeal.
If the application for reconsideration is granted, the case will be reopened, and the matter will be remanded to the investigative staff for appropriate action. If the application is denied no further action will be taken by the Commission, and the parties will be notified of the decision.
Determinations are sent to Charging Party’s by certified mail. If a Charging Party files a late request for reconsideration because he or she did not receive proper notice of the determination, the certified mail receipt will be reviewed to determine the mailing history of the determination. The Deputy Director will determine if there is good cause for filing a late request for reconsideration based on the certified mailing receipt. Please note that it is the Charging Party responsibility to inform this agency of any address/telephone changes.
If a request for reconsideration is filed late due to a Charging Party's illness or some other emergency, the Deputy Director will likely honor the late appeal based on evidence submitted by the Charging Party verifying the illness/emergency. The same result will occur if the late appeal was caused by this agency error or confusion caused by the agency. A Charging Party's failure to act upon actual notice is generally not good cause for a late appeal. Likewise, the failure of a Charging Party's authorized representative to file a timely appeal is not good cause for a late appeal.
To file a Maryland Public Information Act (MPIA) requests must be in writing (no particular form or format is required), reasonably describe the records of information sought. MPIA requests only applies to closed cases. Request should be addressed to the Executive Associate by email (https://mccr.maryland.gov) or mail at Maryland Commission on Civil Rights 6 Saint Paul Street, Suite 900- Baltimore, Maryland 21202-1631. With your MPIA request, please include a charge number (EEOC/HUD/MCCR) and a copy of a bill of complaint filed with a court of jurisdiction. Please also identify your client in your request.
This bill of complaint is necessary to satisfy MCCR's confidentiality clause contained in State Government Article, §20-1101, Annotated Code of Maryland. This law requires that the contents of an investigative file (and even the existence of a complaint of unlawful discrimination) must be protected from public disclosure "...until the matter reaches the stage of public hearings". The only exception to this is if both the Complainant and Respondent agree in writing to the Commission to the disclosure of information contained in the investigative file.
Fees are 25 cents per copied page plus postage (if mailed). Invoices will be mailed and must be paid in full before the file will be released to the requesting party.
Questions can be directed to the Office of the General Counsel at 410.767.4504.
If a complaint is found to be valid, potential outcomes or remedies may include financial compensation, punitive damages, injunctive relief, reinstatement or promotion, reasonable accommodations, attorney's fees and costs, mandatory training or education, and policy revisions to prevent future discrimination.
If MCCR's investigation does not resolve a complaint satisfactorily, individuals may choose to pursue legal action by filing a lawsuit in a court of law.
Video Remote Interpreting and interpreter services: For deaf and hard of hearing individuals as well as those with limited English proficiency, MCCR provides Video Remote Interpreting (VRI) services free of charge to you upon request. MCCR will also assist with securing an interpreter free of charge if one is requested in advance of your appointment with MCCR.
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[1] COMAR 14.03.01.08A
[2] COMAR 14.03.01.09A
[3] COMAR 14.03.01.08(B)(4)
[4] COMAR 14.03.01.08C