CHAPTER 04 - CIVIL RIGHTS DIVISION
SECTION .0100 - GENERAL
26 NCAC 04 .0101 INTRODUCTION
The Civil Rights Division shall investigate all charges
filed under G.S. 7A-759 and deferred charges from the Equal Employment
Opportunity Commission in accordance with the Federal regulations implementing
Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment
Act, and the Americans with Disabilities Act which are published in 29 C.F.R.,
Parts 1600 through 1699, and are hereby incorporated by reference to include
subsequent amendments. Copies of 29 C.F.R., Parts 1600 through 1699 are
available at no cost from the Government Printing Office website at www.gpoaccess.gov.
History Note: Authority G.S. 7A-751; 7A-759;
Filed as a Temporary Rule Eff. October 15, 1986 for a
period of 120 days to expire on February 11, 1987;
Eff. February 1, 1987;
Amended Eff. July 1, 1989;
Temporary Amendment Eff. January 1, 1998;
Amended Eff. November 1, 2012; August 1, 1998.
26 NCAC 04 .0102 CONTENT AND
PROCEDURE
(a) Any person wishing to file a complaint of alleged employment
discrimination under G.S. 7A-759 with the Civil Rights Division shall complete
the preliminary intake form found at www.ncoah.com; or
submit the complaint in writing or by telephone to:
Director of Civil
Rights Division
Office of
Administrative Hearings
6714 Mail Service
Center
Raleigh, NC 27699-6714
(919) 431-3036
(b) The complaint shall include the following information:
(1) The full name, address, telephone number
(work and home), and email address of person making the complaint;
(2) The full name and address of the person or
agency against whom the complaint is made (the respondent);
(3) A statement of the alleged employment
discrimination including pertinent dates;
(4) A statement of the specific employment
issues (e.g. discharge, discipline, promotion) including the name and job title
of the decision maker;
(5) A statement of the act, policy or practice
which is alleged to be unlawful;
(6) For each act, policy or practice alleged, a
statement of the facts which lead the person to believe the act, policy or
practice is discriminatory; and
(7) The approximate number of employees of the
respondent employer.
(c) A complaint is considered a charge when the Equal
Employment Opportunity Commission's Charge of Discrimination form is signed and
dated and received by the Civil Rights Division.
(d) The Civil Rights Division shall assess the charge to
determine if it is within the jurisdiction of the Office of Administrative
Hearings and if so, it shall be assigned a charge number. If the charge is not
within the jurisdiction of the Office of Administrative Hearings, it shall be
transferred to the Equal Employment Opportunity Commission.
History Note: Authority G.S. 7A-759;
Temporary Rule Eff. October 15, 1986 for a Period of 120
Days to Expire on February 11, 1987;
Eff. February 1, 1987;
Amended Eff. November 1, 2012; December 1, 1999; April 1,
1991; April 1, 1989.
26 NCAC 04 .0103 NOTIFICATION OF INVESTIGATION
(a) When a charge of employment discrimination is filed,
the Civil Rights Division shall notify the charging party and respondent that
an investigation will commence. Notice shall be served by registered U.S. mail.
(b) Any correspondence related to a charge must include the
name of the charging party and the respondent and the Civil Rights Division's
charge number and be submitted to:
Director of Civil
Rights Division
Office of
Administrative Hearings
6714 Mail Service
Center
Raleigh, NC 27699-6714
History Note: Authority G.S. 7A-759;
Temporary Rule Eff. October 15, 1986 for a Period of 120
Days to Expire on February 11, 1987;
Eff. February 1, 1987;
Amended Eff. November 1, 2012; December 1, 1999; April 1,
1991; April 1, 1989.
26 NCAC 04 .0104 ADDITIONAL INFORMATION
26 NCAC 04 .0105 INVESTIGATION
History Note: Authority G.S. 7A-759; 150B-11;
Temporary Rule Eff. October 15, 1986 For a Period of 120
Days to Expire on February 11, 1987;
Eff. February 1, 1987;
Amended Eff. December 1, 1999; April 1, 1991; April 1,
1989;
Repealed Eff. November 1, 2012.
26 NCAC 04 .0106 INVESTIGATION REPORT
(a) The Civil Rights Division shall investigate all charges
filed pursuant to this Section.
(b) A civil rights investigator shall prepare an investigative
memorandum setting out the findings and the conclusions of the Civil Rights
Division's investigation based on the allegations and appropriate statutes.
(c) The Civil Rights Division shall determine whether there
is probable cause to believe the alleged discrimination has occurred.
(d) A civil rights investigator shall conduct a
pre-decision interview with the charging party prior to the issuance of the
Civil Rights Division's decision.
(e) Upon completion of the investigation the civil rights
director shall issue a decision that shall be served on the charging party and
respondent by US mail.
(f) If the investigation results in a determination that
there is no probable cause to believe the alleged discrimination has occurred,
the Civil Rights Division's director shall inform the charging party of the
rights of appeal to the Equal Employment Opportunity Commission.
(g) If the investigation results in a determination that
there is probable cause to believe the alleged discrimination has occurred, the
civil rights director shall invite the parties to participate in pre-settlement
discussions and attempt conciliation.
History Note: Authority G.S. 7A-759;
Temporary Rule Eff. October 15, 1986 for a Period of 120
Days to Expire on February 11, 1987;
Eff. February 1, 1987;
Amended Eff. November 1, 2012; April 1, 1989.
26 NCAC 04 .0107 CONCILIATION AND SETTLEMENT
(a) A civil rights investigator shall contact the charging
party and the respondent to schedule a settlement conference with the Civil Rights
Division director and compliance manager within 10 days of the service of the
decision that there is probable cause to believe discrimination has occurred
upon the parties.
(b) Where a settlement is reached among the charging party,
the respondent and the Civil Rights Division, an agreement shall be prepared by
the investigator and executed by the parties.
(c) Upon notification to the Civil Rights Division by the
respondent that all provisions of the settlement agreement have been met, the
compliance manager shall close the charge.
(d) The compliance manager shall forward the settlement
documents to the Equal Employment Opportunity Commission and the Civil Rights
Division director shall notify the parties that the charge is closed.
(e) If conciliation is unsuccessful the charging party must
make a declaration of intent within seven days of how to proceed with the
charge. The charging party may:
(1) File a petition for a contested case
hearing with the Hearings Division of the Office of Administrative Hearings;
(2) Request that the case be forwarded to the
Equal Employment Opportunity Commission for further conciliation;
(3) Request a notice of right-to-sue from the
Equal Employment Opportunity Commission for the purpose of filing in Federal
District Court; or
(4) Choose not to pursue the matter any
further.
(f) Upon receipt of the signed and dated declaration of
intent, the Civil Rights Division shall close the charge and forward the case
file to the Equal Employment Opportunity Commission.
(g) If no declaration of intent is received after seven
days, the Civil Rights Division shall close the charge and forward the case
file to the Equal Employment Opportunity Commission.
History Note: Authority G.S. 7A-759;
Temporary Rule Eff. October 15, 1986 for a Period of 120
Days to Expire on February 11, 1987;
Eff. February 1, 1987;
Amended Eff. November 1, 2012; April 1, 1989.
26 NCAC 04 .0108 CONTESTED CASE HEARING
(a) Any determination of probable cause that has not
resulted in conciliation may be heard by an Administrative Law Judge. The
charging party shall commence the proceedings by filing a petition for a
contested case hearing.
(b) The Administrative Law Judge shall enter a stay in contested
cases where there is a companion employment discrimination charge under
investigation by the Civil Rights Division. The Civil Rights Division director
shall notify the judge's assistant when the companion case is closed.
(c) The Civil Rights Division's investigative file, shall
be made available to all parties, upon request, as provided in Section 83 of
the EEOC Compliance Manual, Volume 1 (October, 1987) incorporated herein by
reference as well as subsequent amendments thereto. Copies of Section 83 are
available upon request from the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714 at no charge.
History Note: Authority G.S. 7A-759; 150B-21.6;
150B-26; 150B-33;
Temporary Rule Eff. October 15, 1986 for a Period of 120
Days to Expire on February 11, 1987;
Eff. February 1, 1987;
Amended Eff. November 1, 2012; December 1, 1999; August
2, 1993; July 1, 1989.
26 NCAC 04 .0109 AUTHORITY TO ADMINISTER OATHS OR
AFFIRMATIONS
History Note: Authority G.S. 7A-759; 150B-11;
Eff. April 1, 1989;
Repealed Eff. November 1, 2012.
26 NCAC 04 .0110 SUBPOENAS
If any subpoena, including a subpoena ducus tecum, is
required for the proper investigation of a charge, the Director or any employee
of the Civil Rights Division may apply to the Chief Administrative Law Judge
for issuance of the subpoena under the authority of G.S. 7A‑756(2). The
subpoena shall issue in the discretion of the Chief Administrative Law Judge.
History Note: Authority G.S. 7A‑756; 150B‑11;
Eff. April 1, 1989.
SECTION .0200 - POLITICAL DISCRIMINATION COMPLAINTS
26 NCAC 04 .0201 DEFINITIONS
26 NCAC 04 .0202 CONTENT AND FILING PROCEDURES
26 NCAC 04 .0203 TIME
26 NCAC 04 .0204 INITIAL DETERMINATION
History Note: Authority G.S. 7A-751; 126-14.4; 150B-2;
Temporary Adoption Eff. January 1, 1998;
Eff. August 1, 1998;
Amended Eff. October 1, 2008; December 1, 1999; August 1,
1998;
Repealed Eff. August 21, 2013 [See S.L. 2013-382, s.7.6].
