This section applies to all complaints except housing. (Ord. 15-4650, 12-15-2015)
A. Conditions For Release: A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek administrative relief by filing a complaint with the commission in accordance with section 2-4-1 of this chapter. After the proper filing of a complaint with the commission, a person may subsequently commence an action for relief in the district court if all of the following conditions have been satisfied:
1. The complainant has timely filed the complaint with the commission as provided in subsection 2-4-1E of this chapter.
2. The complaint has been on file with the commission at least sixty (60) days and the commission has issued a release to the complainant pursuant to subsection B of this section. (Ord. 94-3647, 11-8-1994; amd. Ord. 15-4650, 12-15-2015)
B. Requirements For Issuance Of Release: Upon a request by the complainant, and after the expiration of sixty (60) days from the timely filing of a complaint with the commission, the human rights coordinator shall issue to the complainant a release stating that the complainant has a right to commence an action in the district court. A release under this subsection shall not be issued if a finding of no probable cause has been made on the complaint, or a conciliation agreement has been executed, or the commission has served notice of hearing upon the respondent, or the complaint is closed as an administrative closure and two (2) years have elapsed since the issuance date of the closure. (Ord. 03-4105, 12-16-2003; amd. Ord. 15-4650, 12-15-2015)
C. Availability Of Documents: (Rep. by Ord. 03-4105, 12-16-2003)
D. Commencement Of Action: An action authorized under this section is barred unless commenced within ninety (90) days after issuance by the commission of a release under subsection B of this section. If a complainant obtains a release from the commission under subsection B of this section, the commission shall be barred from further action on that complaint.
E. Venue: Venue for an action under this section shall be in Johnson County, Iowa.
F. Relief: The district court may grant any relief in an action under this section which is authorized by section 2-4-6 of this chapter. The district court may also award the respondent reasonable attorney fees and court costs when the court finds that the complainant's action was frivolous.
G. Legislative Intent: It is the legislative intent of this section that every complaint be at least preliminarily screened by the commission during the first sixty (60) days. This subsection does not authorize administrative closures if an investigation is warranted. (Ord. 94-3647, 11-8-1994; amd. Ord. 15-4650, 12-15-2015)