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Filing a Complaint

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What basis(s) are covered
Preliminary Information Needed - Employment
How to file a complaint
Preliminary Information Needed- Housing
Investigative Process
Preliminary Information Needed - Public Accommodations
Documenting Discrimination
File Complaint Online - Please note that the HRC can only investigate cases in LEXINGTON, KY.  

The HRC conducts discrimination investigations in Lexington-Fayette Urban County in the following areas:

Employment - based on race, color, religion, national origin, sex, age (40+), disability, sexual orientation/gender identity and/or retaliation.
Housing - based on race, color, religion, national origin, sex, disability, familial status (presence of family member under the age of 18 in the household), sexual orientation/gender identity and/or retaliation.
Public Accommodations - based on race, color, religion, national origin, sex (limited to restaurants, hotels, motels, or facilities supported by government funds), disability, sexual orientation/gender identity and/or retaliation.

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How to File a Complaint

Complaints may be filed in person, online, by mail, or by telephone by contacting the HRC office at:

162 East Main Street, Suite 226
Lexington, KY 40507

Ph: (859) 252-4931
TDD: (859) 252-7057

Please call or write beforehand if you need special assistance, such as an interpreter.

There are strict timeframes in which complaints must be filed.  To preserve the ability of the HRC to act on your behalf, and in some cases protect your right to file a private lawsuit if you ultimately need to, please adhere to the guidelines when filing a complaint.

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Investigative Process

The investigation of a charge of discrimination filed with the Lexington-Fayette Urban County Human Rights Commission (HRC) is an official inquiry by the Commission. The purpose of a Commission investigation is to determine whether a statute enforced by the Commission has been violated, and where a violation is found, attempt to obtain appropriate relief for the aggrieved party.

Agreements with the Equal Employment Opportunity Commission (EEOC) and Department of Housing and Urban Development (HUD) provide that the HRC shall render assistance to persons who may wish to file charges or complaints under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA) and Title VIII of the Civil Rights Act of 1968.

When a potential charging party is outside the normal commuting area of Lexington-Fayette County, the complaint may be taken telephonically and mailed to the charging party for verification and signature.  Local charging parties are encouraged to come into the office for an intake interview to determine if there is a basis for filing the charge.

A valid complaint must typically contain the following:

Must be timely, in writing and signed by the aggrieved person

Must identify the discriminatory employer, housing provider, or place of public accommodation

Must describe the adverse action or practice complained of

Must articulate a discrimination statement identifying the basis and issue and the statute alleged to have been violated.

If it is determined that the HRC has jurisdiction over the charge, an investigator will conduct a detailed interview concerning the allegations to establish whether there is a basis to file a complaint of discrimination and to obtain all other relevant facts.  Whether a complaint is filed or not rests completely with the individual.  If a complaint is filed, the investigator will explain that an initial assessment will be made to determine whether the charge will be dismissed or investigated further.

The usual procedure for further investigation of a charge is:

Complaint is served on the employer within five (5) days of the Commission's receipt.

The Commission may then ask the employer, housing provider or place of public accommodation to submit a position statement and/or to submit documents in support of its position.  Later, a follow-up request for information may be sent.

The position statement is the Respondent's written response to the allegations made in a complaint and presents their reasons for the action and included documents which supports its position.

The request for information is for the purpose of gathering additional documentary evidence and, when relevant, comparative information as to how others similarly situated were treated.

Other investigative steps may include:

Respondent's response to the request for information and facts contained in the position statement are discussed with the Charging Party.

Charging Party may offer rebuttal information or confirm the Respondent's response.

Charging Party may identify additional witnesses to support allegations or to rebut Respondent's position.

After review of the above data, the investigator may, when necessary, also conduct an on-site investigation and interview witnesses identified by the charging party and respondent.  In the alternative, the investigator may conduct telephone interviews with witnesses.

The investigator analyzes all of the evidence gathered during the investigation and makes a recommendation for the type of resolution (cause/dismissal).

Recommendation for resolution is submitted for management/legal review and issuance of a determination.

Types of resolutions

Mediation

Voluntary process.

Commission suspends investigation process pending outcome of mediation.

Resolution results in withdrawal of the complaint.

Investigation process is resumed if complaint is not resolved in mediation.

Pre-Determination Settlement

Can be initiated by any of the parties at any time during the investigation prior to issuance of a determination

Dismissal (No Cause Determination)

A complaint may be dismissed at any point if, in the agency's best judgment, further investigation will not establish a violation of federal discrimination laws.  Dismissal may occur at intake if the interview yields no evidence to support the allegation.

Successful Conciliation (Cause Determination Issued)

Commission policy will seek substantial relief for charging party and any identified victims which may include back pay plus interest, reinstatement, promotion, compensatory damages, etc.

Agreement is monitored by Commission for its duration.

Unsuccessful Conciliation (Cause Determination Issued)

Parties are unable to arrive at a mutually acceptable agreement.

Commission may elect to pursue an administrative hearing in employment and public accommodations cases; or for housing cases, may elect to pursue an administrative hearing or litigate in Circuit Court.

Administrative Closure

Charging Party withdraws complaint because the complaint has been resolved satisfactorily without Commission involvement or because s\he no longer wishes to pursue the complaint - Charging Party must state that the withdrawal is not due to coercion or intimidation by the Respondent.

Commission may initiate closure due to lack of jurisdiction, failure to locate the Charging Party or Respondent, or refusal of the Charging Party to cooperate with the Commission's investigation.

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