Current through Register No. 40, October 3, 2024
(a) If the
investigator considers the information relevant to the investigation, the
investigator shall request the respondent to provide information including the
following:
(1) A written verified response to
the complaint complying with (b) below;
(2) Records and documents, including but not
limited to:
a.Records relating to the
qualifications, performance and disciplinary history of the
complainant;
b.The respondent's
records relating to the qualifications, performance and disciplinary history of
other individuals; and
c.The
respondent's records relating to the person alleged to have committed the
discriminatory act(s), including, but not limited to, personnel files, wage
records, and the results of any investigations of internal complaints involving
that person;
(3)
Descriptions and copies of business policies and practices;
(4) A list of individuals who might be
similarly situated to the complainant showing, but not limited to, the
following information about them:
a.Full
names;
b.Protected class
status;
c.Compensation;
and
d.Last known home addresses and
telephone numbers;
(5) A
list of individuals who might be similarly situated to the person accused by
the complainant of discriminatory act(s), showing, but not limited to, the
following information about them:
a.Full
names;
b.Protected class
status;
c.Compensation;
and
d.Last known home addresses and
telephone numbers;
(6) A
list of potential witnesses for the respondent, including:
a.The names, addresses and telephone numbers
of witnesses; and
b.A brief
description of the information each witness is expected to provide;
and
(7) Any other
information relevant to the investigation of the complaint.
(b)A written verified response to
the complaint shall include:
(1) The name and
address of the respondent;
(2) The
name and address of the respondent's attorney if the respondent is represented
by counsel;
(3) For each allegation
of the complaint contested by the respondent, an answer in the form of:
a.A general or specific denial made on
information and belief; or
b.A
statement that the respondent is without knowledge or information sufficient to
form a belief; and
(4)
Any affirmative defenses that the respondent wishes to raise.
(c) Any allegation in the
complaint which is not denied in the answer shall be deemed admitted, unless
the respondent states in the answer that the respondent is without knowledge or
information sufficient to form a belief about the allegation.
