Oklahoma Administrative Code
Title 335 - Oklahoma Human Rights Commission
Chapter 10 - Enforcement of the Anti-Discrimination Act
Section 335:10-1-4 - Complaints
Current through Vol. 41, No. 13, March 15, 2024
(a) Complaint form and content. Complaints alleging discriminatory violations of Title 25, Oklahoma Statutes § 1101 et seq., may be filed on the official form, and/or must, at a minimum, contain information sufficient to identify Complainant and Respondent, the alleged act of discrimination and the date it occurred. Complaints filed on the official U.S. Equal Employment Opportunity form and deferred to OERC, per § 706, Title VII, Civil Rights Act of 1964, will be accepted as alleging a violation of Title 25, supra. The Commission staff will insure that all complaints are sworn.
(b) Method and date of filing. Complaints may be filed in person or by mail at the Commission offices or with a member of the Commission or staff. Date of filing will be date of postmarked mailing, or date of delivery to offices or authorized persons.
(c) Notice to respondents. The Respondent will be furnished a copy of the complaint by certified mail or in person by a Commission Representative after a member of the Commission or staff has made a preliminary determination that the alleged act is one prohibited by the Anti-Discrimination Act and the Respondent is subject to the Act.
(d) Complaints not covered under the Act. Complaints alleging discriminatory acts not covered by its Anti-Discrimination Act may not be filed on the official form but may be otherwise brought to the attention of the Commission.
(e) Complaints filed with federal agencies. A complaint initially filed with the U.S. Equal Employment Opportunity Commission or the U.S. Department of Housing and Urban Development shall be considered to have been filed with the Commission on the date the matter was filed with the federal agency.
(f) Complaints deferred by EEOC. When an employment discrimination complaint, originally filed with EEOC, is deferred to the Oklahoma Human Rights Commission under the provisions of § 706, Title VII, CRA 1964, the Director or designee of Director will:
(g) Determination of jurisdiction and decision whether to investigate or terminate proceedings. When a complaint alleging employment discrimination in violation of Title 25, Oklahoma Statutes § 1101 et seq., is originally filed with the Oklahoma Human Rights Commission, the Commission staff will:
(h) Grounds for order to dismiss. The Director is authorized, on behalf of the Commission, to issue an order dismissing a complaint for the following reasons:
(i) Negotiated settlements. At any time and at any stage, the Commission should encourage the parties to negotiate a settlement on terms mutually agreeable. The Director shall have authority to approve any settlement agreeable to both parties.
(j) Confidentiality of settlement negotiations and agreements. Neither the Commission nor the staff shall make public, without the written consent of the Complainant and the Respondent, information of the agreement or efforts to negotiate a pre-hearing settlement.
(k) Grounds for termination of proceedings. When, for reasons not bearing on the merits of a complaint, the Commission is unable to proceed in its processing of the matter, the Commission Director may terminate proceedings without prejudice.
