(a) It is the intention of the city council that the diversity and inclusion department’s staff supervised by its director shall be the agency (the “agency”) authorized to enforce the provisions of this division.
(b) Following a complaint and provided that there is justifiable reason to believe there is a violation of any provision of this division, the agency is authorized to investigate and resolve any such complaint involving any employer, general contractor, labor organization or employment agency subject to the provisions of this division. If such complaint cannot be resolved in a manner satisfactory to such agency, it may refer same to the city attorney and/or to the appropriate federal office. Nothing said or done, or documents produced during, and as a part of any such investigation, or attempt at resolution shall be made public without the written consent of the persons concerned.
(c) Whenever a charge is filed by or on behalf of a person claiming to be aggrieved which alleges that an employer, general contractor, employment agency or labor organization has engaged in an unlawful employment practice, the agency may cause a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) to be served upon such employer, general contractor, employment agency or labor organization (hereinafter referred to as “respondent”) within ten days and may make an investigation thereof.
(1) Any such charge shall be in writing, under oath or affirmation, and shall contain such information and be in such form as the agency requires. Such charge shall be filed within 180 days after the alleged unlawful employment practice occurred. Such charges shall not be made public.
(2) Should the agency determine, after such investigation, that there is not reasonable cause to believe that the charge is true, such agency shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of such action.
(3) If the aforesaid investigation determines that there is reasonable cause to believe that the charge is true, the agency may endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation and persuasion.
(1964 Code, § 13A-24) (Ord. 7278, § 4, passed 12-22-1975; Ord. 12570, § 1, passed 7-9-1996; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 16032, § 1, passed 7-13-2004; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)