41-1471. Charge by person aggrieved; investigation; conciliation agreement; civil action; temporary relief

A. Any person, referred to as the charging party, claiming to be aggrieved by an alleged discriminatory practice or act contrary to article 2 or 3 of this chapter may, within one hundred eighty days from the date of the alleged practice or act, file with the division a verified charge in writing. The verified charge shall state the name and address of the person or persons, referred to as respondent, alleged to have committed the practice or act complained of, the particulars of the alleged discrimination and other information required by the division. After a charge is filed and found to be in proper order, the division shall make an investigation of the allegations contained in the charge. On its own initiative, the division may file a charge to investigate an alleged discriminatory practice or act.

B. If, upon investigation, the division determines that no unlawful discriminatory practice or act has occurred, the division shall notify the charging party and the respondent in writing of this fact and the charging party may within thirty days thereafter file a complaint with the superior court in the county where the alleged discriminatory practice or act occurred.

C. If, after an investigation, the division determines that there is reasonable cause to believe that the charge is true, the division shall enter an order containing its findings of fact and shall endeavor to eliminate the alleged unlawful practice by informal methods of conference, conciliation and persuasion. Nothing said or done during and as part of the informal endeavors may be made public by the division or its officers or employees or used as evidence in a subsequent proceeding without the written consent of the persons concerned.

D. If, within thirty days after the division makes a determination that reasonable cause exists to believe that the charge is true, the division has not accepted a conciliation agreement to which the charging party and the respondent are parties, the division may bring a civil action against the respondent. If the attorney general finds reasonable cause to believe that a party has breached a conciliation agreement, the attorney general may file a civil action for enforcement of the agreement. A charging party may file its own civil action against the respondent within thirty days after the division has issued its determination or may intervene in any civil action brought by the attorney general.

E. If the division concludes at any time after the filing of a charge that prompt judicial action is necessary to carry out the purposes of article 2 or 3 of this chapter, the division may file a civil action for appropriate temporary or preliminary relief pending final disposition of the charge. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the supreme court rules of civil procedure. The court having jurisdiction over the proceedings shall assign the action for hearing at the earliest practicable date and shall cause the action to be expedited in every way.