A. A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek an administrative relief by filing a complaint with the commission in accordance with this chapter. A complainant, after the proper filing of a complaint with the commission, 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 this chapter; and
2. The complaint has been on file with the commission for at least sixty (60) days and the commission has issued a release to the complainant pursuant to subsection B of this section.
B. 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 commission 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 on the complaint, a conciliation agreement has been executed or the commission has served notice of hearing upon the respondent pursuant to this chapter.
C. 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 or within one year after the filing of the complaint, whichever occurs first. 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. (Ord. 4064, 1-3-1995)