(a) Any individual claiming to be aggrieved by an alleged unlawful discrimination practice, shall make, sign and file with the Human Rights Commission a verified complaint, which shall state the name and address of the person, employer, labor organization, employment agency, owner, real estate broker, real estate salesman, financial institution or lender alleged to have committed the unlawful discriminatory practice complained of, and which shall set forth the particulars thereof and contain such other information as may be required by the Commission's rules and regulations. Any employer, whose employees, or some of them, hinder or threaten to hinder compliance with the provisions of this article, shall file with the Commission a verified complaint, asking for assistance by conciliation or persuasion, but no hearing, orders or other actions shall be held, made or taken by the Commission against such employer. Any complaint filed pursuant to this section shall be filed within ninety days after the alleged act of discrimination. After the filing of any complaint, the Commission shall make a prompt investigation in connection therewith.
(b) If it shall be determined after such investigation that no probable cause exists for substantiating the allegations of the complaint, the Commission shall, within ten days from such determination, cause to be issued and served upon the complainant written notice of such determination, and such complainant or his attorney may, within ten days after such service, file with the Commission a written request for a meeting with the Commission to show probable cause for substantiating the allegations of the complaint. If it shall be determined after such investigation or meeting that probable cause exists for substantiating the allegations of the complaint, the Commission shall immediately endeavor to eliminate the unlawful discriminatory practices complained of by conference conciliation and persuasion. The members of the Commission and its staff shall not discuss what has transpired in the course of such endeavors; provided, that the Commission may publish the facts in the case of any complaint which has been dismissed, and the terms of conciliation when the complaint has been adjusted, without disclosing the identity of the parties involved.
(c) In case of failure to so eliminate such practice or in advance thereof, if, in the judgment of the Commission, circumstances so warrant, the Commission shall cause to be issued and served a written notice, together with a copy of such complaint as the same may have been amended, by certified mail, return receipt requested, requesting the person, employer, labor organization, employment agency, owner, real estate broker, real estate salesman or financial institution, hereinafter referred to as respondent, named in such complaint to answer the charges of such complaint at a hearing before the Commission in the county where the respondent resides or transacts business at a time and place to be specified in such notice; provided, however, that such written notice be served at least thirty days prior to the time set for the hearing.
(d) The case in support of the complaint may be presented before the Commission by one of its attorneys or agents; however, in every instance, the complainant shall be present in person. The respondent may file a written, verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony and evidence. Except as provided in the immediately preceding proviso, all of the pertinent provisions of West Virginia Code Article 29A-5 shall apply to and govern the hearing and the administrative procedures in connection with and following such hearing, with like effect as if the provisions of such West Virginia Code Article 29A-5, were set forth in extenso in this section.
(e) If, after such hearing and consideration of all of the testimony, evidence and record in the case, the Commission shall find that a respondent has engaged in or is engaging in any unlawful discriminatory practice as defined in this article, the Commission shall endeavor by conciliation and persuasion to eliminate such practice. If such efforts prove fruitless in eliminating the practice, the Commission shall forward its findings and any record of proceedings to the State Human Rights Commission for action.
(f) If, after such hearing and consideration of all of the testimony, evidence and record in the case, the Commission shall find that a respondent has not engaged in such unlawful discriminatory practice, the Commission shall state its findings of fact and conclusions of law as aforesaid and shall issue and cause to be served on the complainant an order dismissing such complaint as to such respondent.
(g) A copy of its order shall be delivered in all cases by the Commission to the complainant, the respondent, and to such other public officers as the Commission may deem proper.
(Ord. 1451. Passed 5-3-84.)