Both sides are encouraged to participate in conciliation efforts through the Commission’s mediation program.

Investigation

After a complaint has been filed, a neutral fact-finder, the investigator or attorney, will interview the parties and witnesses, review the respondent’s answer and supporting documentation, issue interrogatories and document requests, and conduct field visits and tests where appropriate. At the conclusion of the investigation, the Commission makes a determination of "probable cause" or "no probable cause." Where there is insufficient evidence to establish that discrimination occurred, the Commission will issue a “no probable cause” determination and the case will be dismissed. If it receives a “probable cause” determination, it will be prosecuted.

The Hearing Process

If the parties do not settle at the pre-trial conference, the case will be heard by an administrative law judge of the City’s Office of Administrative Trials and Hearings. After the hearing is completed, the judge will issue a Report and Recommendation.

A panel of Commissioners, appointed to the Commission on Human Rights by the Mayor, will review the administrative law judge’s Report and Recommendation and issue a final Decision and Order.

Remedies

The Commission will exercise its broad remedial powers if it determines that the respondent engaged in unlawful discrimination. Remedies may include requiring the respondent to hire, reinstate or promote a complainant; to compensate the complainant for lost wages; to provide a reasonable accommodation for a complainant’s disability; to rent or sell a housing accommodation to a complainant; and/or compensate a complainant for emotion distress. In addition, the Commission has the power to order respondents to implement anti-discrimination policies or participate in training. Finally, the Commission may impose a civil penalty of up to $100,000 if the Commission finds that the discrimination was the result of a willful or malicious act.