(A) Any person claiming to be aggrieved by an alleged unlawful discriminatory practice shall make, sign and file with the 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 or financial institution 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 Commissioner's rules and regulations. The Commission, upon its own initiative, shall, in like manner, make, sign and file such complaint. 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 other remedial action. During such conciliation period no hearings, orders or other actions shall be held, made or taken by the Commission against such employer. Any complaint filed pursuant to this article must be filed within 365 days after the alleged act of discrimination.
(B) After the filing of any complaint, or whenever there is reason to believe that an unlawful discriminatory practice has been committed, the Commission shall make a prompt investigation in connection therewith. In connection with such investigation the Commission's legal staff shall have authority to request the Commission, or the Chair acting in the name of the Commission, to apply to the Circuit Court of Hancock or Brooke County, West Virginia to issue subpoenas or subpoenas duces tecum upon the concurrence of at least five members of the Commission. If it is determined after such investigation that no probable cause exists for substantiating the allegations of the complaint, the Commission shall, within 10 days from such determination, cause to be issued and served upon the complainant written notice of such determination; and the complainant or his attorney may, within 10 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 is 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 disclose what has transpired in the course of such endeavors. Provided, that the Commission may publish or release the terms of settlement or conciliation when the complaint has been conciliated or settled.
(C) In case of failure so to 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 in the manner provided by law for the service of summons in civil actions, requiring the person, employer, labor organization, employment agency, owner, real estate broker, real estate salesman or financial institution named in such complaint, hereinafter referred to as respondent, to answer the charges of such complaint at a public or private hearing before the Commission in the county where the respondent resides or transacts business at a time and place so specified in such notice; provided, however, that such written notice shall be served at least 30 days prior to the time set for the hearing. The Commission or its Chair shall delegate the power and authority to conduct the hearing to a hearing examiner(s) who may be an individual Commissioner, a panel of Commissioners, a hearing examiner who shall be an attorney duly licensed to practice law in West Virginia, a panel of hearing examiners, or a panel composed of any combination of Commissioners and hearing examiners. The case in support of the complaint shall be presented before the Commission by one of its attorneys or agents, but no one presenting the case in support of the complaint shall counsel or advise the Commission, Commissioner or hearing examiner who hears the case. 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 this article, all of the pertinent provisions of W. V. Code Article 29A-5 shall apply to and govern the hearing and administrative procedures in connection with and following such hearing, with like effect as if the provisions of such W. V. Code Article 29A-5 were set forth in full in this section.
(D) If, after such hearing and consideration of all of the testimony, evidence and record in the case, the Commission finds that a respondent has engaged in or is engaging in any unlawful discriminatory practice as defined in this article, the Commission shall issue and cause to be served on such respondent an order to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay, admission or restoration to membership in any respondent labor organization, or the admission to full and equal enjoyment of the services, goods, facilities, or accommodations offered by any respondent place of public accommodation, and the sales, purchase, lease, rental or financial assistance to any complainant otherwise qualified for the housing accommodation or real property denied in violation of this article, as in the judgment of the Commission, will effectuate the purposes of this article, and including a requirement for report of the manner of compliance, payment of expenses and lost wages of any witness called by the complainant or Commission, payment to the complainant of reasonable attorney fees, expert witness fees, and legal costs, and payment to the Commission of its costs in conducting the hearing; and other legal or equitable relief as the Commission deems appropriate. Such order shall be accompanied by findings of fact and conclusions of law as specified in W. V. Code 29A-5-3.
(Ord. 1010, passed 1-11-93)
Statutory reference:
Similar provisions, see W. V. Code § 5-11-10