1.
When
a signed/verified complaint is received, it is reviewed to determine whether it
meets statutory requirements of the “Iowa Civil Rights Act,” Iowa Code Chapter
216. A complaint must be filed with the Commission within 180 days of the
last alleged discriminatory incident.
a.
If the complaint meets the statutory requirements, it is
given a case number (CP#) and a copy of the complaint is mailed to the
Complainant. Another copy is mailed to the Respondent, the person or
organization charged in the complaint with a violation of Iowa Code Chapter
216.
All
inquiries about the complaint should be by complaint number (CP#).
2.
The
Complainant and Respondent are required to answer a questionnaire or submit a
position statement, along with relevant documents, within thirty (30) days. Complainant
or Respondent may request an extension
by calling the Iowa Civil Rights Commission at 1-800-457-4416 or 515-281-4121,
ext. 0.
3.
When
the Commission receives all parties’ responses to the questionnaires, the
collected information is reviewed by an investigator to determine whether
further agency inquiry is warranted. (The
complaint will be screened in
when the collected information indicates a reasonable possibility of a probable
cause determination.)
It
is very important to answer the questionnaire thoroughly.
a.
If
further investigation is not warranted, the complaint is
administratively closed. The complainant has appeal rights which will be
explained in the closure letter.
b. If further investigation is warranted,
the parties will be given an opportunity to participate in “mediation.” Mediation allows the parties to negotiate a “no-fault
settlement” of the complaint. Mediation
is available at any time after a complaint is filed, if both parties agree to
participate.
4. Once
the complaint has been on file for 60 days, the Complainant has the option of
removing their complaint from the Civil Rights Commission and its investigatory
process, to commence a lawsuit in state district court. Before filing a lawsuit, the Complainant
must request a “right-to-sue” letter from the Commission. When the Commission issues the
“right-to-sue” letter, the Commission administratively closes the complaint and
will take no further action on the complaint.
It is advisable to consult with an attorney before asking for a
right-to-sue. The law requires that the
lawsuit be filed within 90 days of the date the Commission issues the
right-to-sue.
5. During
the investigation, a Commission investigator will usually interview both
parties and witnesses, and will collect additional records. The investigator will analyze all of the
collected information and recommend to the Administrative Law Judge whether
probable cause or no probable exists to believe that discrimination occurred.
From the time
the Commission receives the complaint to the time the investigation is
completed and a finding by the administrative law judge has been made, the
Commission is a neutral fact-finder and represents neither party.
a.
If
the Administrative Law Judge finds No Probable Cause, the complaint is
closed. If the Administrative Law
Judge finds No Probable Cause, the Complainant loses their right to get a
“right-to-sue” and loses the right to file a lawsuit in state district
court. (In complaints alleging housing
discrimination, the Complainant has the right to file a lawsuit within two
years of the alleged discriminatory incident, not counting the time the case
was on file with the Commission.)
b. If
the Administrative Law Judge finds Probable Cause, the complaint goes to a
Commission Conciliator. The Conciliator
assists the parties in trying to reach a settlement.
6. If conciliation fails, the complaint will be reviewed to determine
whether it should proceed to public hearing. If the complaint is selected for
public hearing, an Administrative Law Judge will hear the case in accordance
with the “Iowa Administrative Procedure Act.” If not selected for public
hearing, the complaint will be administratively closed and the Complainant may
request a “right-to-sue” letter
within two years of the administrative closure.
Approximate Complaint Processing Timeline
From the date the Commission
receives a signed complaint, all parties will be served with a copy
of the complaint and a questionnaire within 20 days.
All parties should respond to the
questionnaires within 30 days from the date on the notification letter,
unless an extension has been granted.
The Commission screens the complaint (reviews the contents of the file),
usually within 120 days from the date the complaint is filed.
If the complaint is screened
out, the case is administratively closed. If the complaint is screened in, it
goes on to mediation. Mediation
typically takes 30 to 90 days. If mediation is unsuccessful, the complaint will
be assigned to an investigator.
Depending on the complexity of the
fact and legal issues presented in the complaint and the cooperation of the
parties and witnesses, the investigation may take several months or more to
complete. In most cases the Commission
will complete the investigation within 18 months from the date the complaint is
filed.