(A) An individual claiming to be aggrieved by an act prohibited by § 92.41 above (hereinafter, an "unlawful act") may file with the Louisville/Jefferson County Human Relations Commission (hereafter, the "Commission") a written sworn complaint setting forth the facts upon which the complaint is based, and setting forth facts sufficient to enable the Commission to identify and serve notice to the person charged (hereafter the "Respondent"). The Commission staff shall promptly investigate the allegations set forth in the complaint and shall within ten days furnish the Respondent with a copy of the complaint. The complaint must be filed within 180 days after the alleged act upon which the complaint is based is alleged to have occurred.
(B) The Commission shall determine within 60 days after the complaint has been filed, unless impracticable to do so, whether there is probable cause to believe that an act prohibited by § 92.41 has been committed against the Complainant. If it is determined that there is no probable cause to believe that the Respondent has committed an unlawful act against the Complainant, the Commission shall issue an order dismissing the complaint and shall furnish a copy of the order to the Complainant, the Respondent, and such other public officers and persons as the Commission deems proper.
(C) The Complainant within ten days after receiving a copy of the order dismissing the complaint may file with the Commission an application for reconsideration of the order. Upon such application, the Commission shall make a new determination within ten days whether there is probable cause to believe that the Respondent has committed an unlawful act under § 92.41 against the Complainant. If it is determined that there is no probable cause to believe the Respondent has committed an unlawful act as described in the complaint, the Commission shall issue an order dismissing the complaint and shall furnish a copy of the order to the Complainant, the Respondent, and such other public officers and persons as the Commission deems proper.
(D) If the staff determines, after investigation, or if the Commission determines after the review provided for in subsection (C) above that there is probable cause to believe that the Respondent has committed an unlawful act, the Commission staff shall endeavor to provide proper redress for the Complainant by conference, conciliation and persuasion with the Respondent. The terms of a conciliation agreement reached with a Respondent may require the Respondent to refrain from committing similar unlawful acts in the future and make such further provisions as may be agreed upon between the Commission or its staff and the Respondent. If a conciliation agreement is entered into, the Commission shall issue and serve on the Complainant an order stating its terms. A copy of the order shall be delivered to the Respondent, and such other public officers and persons as the Commission deems proper. Except for the terms of the conciliation agreement, neither the Commission nor any officer or employee thereof shall make public, without the written consent of the Complainant and the Respondent, information concerning efforts in a particular case to reach an agreement with the Respondent by conference, conciliation, or persuasion, whether or not there is a determination of probable cause or a conciliation agreement.
(E) At the expiration of one year from the date of a conciliation agreement, and at other times in its reasonable discretion, the Commission staff may investigate whether the terms of the agreement have been and are being complied with by the Respondent. Upon finding that the terms of the agreement are not being complied with by the Respondent, the Commission shall take such action as it deems appropriate to assure compliance.
(F) At any time after a complaint is filed, the Commission may file an action in the Jefferson Circuit Court seeking appropriate temporary relief against the Respondent, pending final determination of proceedings under this subchapter, including an order or decree restraining him from doing or procuring any act tending to render ineffectual any order the Commission may enter with respect to the complaint.
(G) Insofar as they are not inconsistent or in conflict with the procedure and practice provided by this chapter, the Kentucky Rules of Civil Procedure will apply to proceedings under this subchapter.
(1999 Lou. Code, § 98.50) (Lou. Ord. No. 281-1991, approved, 11-13-1991; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)