What are the time limits for filing a complaint of employment discrimination?

A complaint of employment discrimination must be filed with the Department of Fair Employment and Housing within one year from the date that the alleged discriminatory act occurred.

How does the Department conduct an investigation?

The Department is a neutral fact finding agency. Department staff conduct impartial investigations in which records are reviewed and relevant witnesses are interviewed. An investigation may be conducted on site and/or through telephone interviews. The Department has the authority to take depositions, issue subpoenas and interrogatories and seek Temporary Restraining Orders during the course of its investigation. All evidence gathered is analyzed to determine if a violation of the Fair Employment and Housing Act has occurred. In making its determination, the Department considers evidence from both sides as well as from any neutral parties the Department may have contacted.

How long does it take the Department to conduct an investigation?

The Department has up to one year from the date a complaint is filed in which to complete an investigation and issue an accusation for public hearing if it is justified.

What remedies are available to persons who file complaints of employment discrimination?

The remedies available for employment discrimination include: In addition to the above, the Fair Employment and Housing Commission may order administrative fines against private employers. These administrative fines combined with any damages awarded for emotional distress cannot exceed $150,000 per aggrieved person per employer. If an individual decides to pursue his or her case in a private lawsuit, the remedies are identical with two exceptions:

• There is no limit on the amount of emotional distress damages
  
• Instead of administrative fines, unlimited punitive damages may be awarded

Remedies may also include the payment of attorney's fees and other court costs.

Does the Department represent Complainants?

During the investigation, the Department acts as a neutral fact finder, gathering evidence to determine whether the Complainant's allegations can be proven. The Department does not represent either the Complainant or the Respondent.

If the investigation establishes that there is evidence to support the Complainants allegations, and the parties do not reach a settlement, the case is forwarded to the Department's Legal Division to review for potential litigation.

The Department has a staff of attorneys who prepare and litigate cases before the Fair Employment and Housing Commission and in court. When the Department decides to litigate a case, it issues an accusation or files a civil complaint in the name of the Department of Fair Employment and Housing against the employer. The Department attorneys represent the Department, not the individual Complainant. Though the assigned Department attorney is not the Complainant's personal legal advisor, the Complainant's interests are paramount in the litigation, and the Complainant is given 100% of any remedies recovered, with the exception of administrative fines. The Department does not charge attorney fees, expert witness fees, nor does it take a percentage of any award or settlement. In the event that administrative fines are awarded, the employer pays those amounts directly to the State.

What are the advantages and disadvantages to litigating an employment discrimination case in court?

In employment cases, the Fair Employment and Housing Commission's (FEHC) authority to award damages for emotional distress and administrative fines is limited to a combination of $150,000 per Respondent. The FEHC has no authority to award punitive damages. Furthermore, the administrative fines are payable to the State General Fund, not the individual victim. In Superior Court, there is no limit on the amount of monetary damages a victim can be awarded. The administrative hearing process before the FEHC is a faster and less expensive process because pre hearing law and motion practice and discovery is limited.

What is sexual harassment?

State regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender based harassment of a person of the same sex as the harasser. The following is a partial list of prohibited behavior:

• Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.
  
• Verbal conduct: making or using derogatory comments, epithets, slurs and jokes. Verbal abuse of a sexual nature, graphic verbal commentaries about an individuals body, sexually degrading words used to describe an individual.
  
• Physical conduct: touching, assault, impeding or blocking movements.
  
• Offering employment benefits in exchange for sexual favors.
  
• Making or threatening retaliatory action after receiving a negative response to sexual advances.