(a) The Commission has the ability to inform within a ten (10) day period any individual claiming to be aggrieved by an alleged unlawful discriminatory practice under West Virginia Human Rights Act 5-11-9 that the Commission will not accept formal complaints of illegal practices but will forward the allegations to the State of West Virginia. Thereafter, any individual claiming to be so aggrieved shall be referred to the West Virginia Human Rights Commission for investigation and adjudication of the complaint.
(b) For purposes of conference and conciliation concerning discriminatory practices, investigations, hearings, procedures and orders, should the Commission wish to retain the complaint, the Commission shall follow the procedures contained within West Virginia Code §5-11-10, incorporated and modified herein as follows:
(1) Any individual 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 Commission. The Commission upon its own initiative through the Chairperson or Vice-Chairperson shall appoint a Commissioner to oversee and direct the complaint process and shall, in like manner, make, sign and file such complaint. Any employer, whose employees, or some of them, hinder or threatened 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 and, during such period of conciliation or other remedial action, 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 three hundred sixty-five (365) days after the alleged act of discrimination.
(c) After the filing of a written, verified complaint, or whenever there is reason to believe that an unlawful discriminatory practice has been committed, the Commission and the assigned Commissioner designated by the Commission to oversee and direct the complaint process shall, within twenty (20) days, complete a prompt investigation in connection therewith and make a written determination.
(d) If it shall be determined after such investigation that no probable cause exists for substantiating the allegations of the complaint, the Commission, by and through the designated Commissioner, shall, within ten (10) days from such determination, cause to be issued and served upon the complainant written notice of such determination, and the said complainant or his attorney may, within ten (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. The meeting shall be held within ten (10) days of receipt of the request. The designated Commissioner shall be responsible for all notices and arrangements to be made for such meetings. If it shall be determined after such investigation or meeting that probable cause exists for substantiating the allegations of the complaint, the Commission, by and through the designated Commissioner, shall immediately endeavor to eliminate the unlawful discriminatory practices complained of by conference, conciliation and persuasion. The members of the Commission shall, within ten (10) days after such investigation or meeting, not disclose 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 to the extent allowed by law.
(e) Except as provided in this Article, 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 Article 29A-5 were set forth in extensor in this section.
(f) The following alternative remedies are available, which may not be all inclusive, in case of failure to eliminate through conciliation and conference such discriminatory practice or in advance thereof, if in the judgment of the Commission circumstances so warrant, the following alternative remedies are available, which may or may not be all inclusive, the Commission may:
(1) Cause the complaint file to be immediately sent to the State of West Virginia Human Rights Commission to be processed in accord with West Virginia Code §5-11-10. The deadline for response by the Commission to verified complaints as contained in this section is necessary so that prompt evaluation can be made as to whether the matter will be retained by the City Commission for purposes of conciliation and if such process fails, the matter can be sent to the West Virginia State Human Rights Commission for further action in a timely manner. Deadlines for responses to verified complaints may only be extended with good cause shown and cannot be extended for any period other than an additional ten (10) days. Parties may only request one (1) extension of any applicable deadline. Deadline extensions are inapplicable to the mandatory three hundred and sixty-five (365) day filing requirement wherein the act of alleged discrimination occurred;
(2) If after such attempt at conciliation, mediation and persuasion process has concluded and consideration of all of the information comprising the 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, and there remains a failure to eliminate the discrimination, the Commission may 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 as the Commission deems appropriate. Such order shall be accompanied by findings of fact and conclusions drawn by the Commission citing appropriate sections of this article.
(g) In the event any person fails to obey a lawful cease and desist order of the Commission, the Commission may seek an order of a court of competent jurisdiction for its enforcement in a proceeding as provided in this section. Such proceeding shall be initiated by the filing of a petition in such court, together with the entire record of its proceedings before the Commission. Notice of the filing of such petition, together with a copy thereof, shall be served upon the respondent in the manner provided by law for the service of summons in civil actions. The court may grant such temporary relief or restraining order as it deems just and proper and shall make and enter upon the pleadings, testimony and proceedings set forth in such transcript an order enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the Commission. All such proceedings shall be heard and determined by the court.
(h) Nothing in this section shall be construed to prohibit the filing of a private cause of action at any time. Judicial review of a final decision of the Commission shall be by a certiorari as set forth in West Virginia Code §53-3-1 through 53-3-6, or in such other manner as may be allowed under the laws of the State.
(Ord. 15849. Passed 2-7-23.)