What if I want to file my charge with the federal Equal Employment Opportunity Commission? Under the work sharing agreement between the Human Rights Bureau and the Equal Employment Opportunity Commission (EEOC), a complaint filed with the Human Rights bureau will be dual-filed with the EEOC, provided it meets the EEOC’s jurisdiction requirements. Also a complaint filed with the EEOC that meets the Human Rights Bureau’s jurisdiction requirements will be dual-filed with HRD. It is not necessary to contract both offices.
What is the ADR Program? The Human Rights Bureau has adopted the Alternative Dispute Resolution (ADR) Program to attempt to resolve discrimination issues through mediation/conciliation. A resolution of a complaint through mediation is less costly because it can settle a case in a matter of weeks as opposed to a lengthy investigation. The ADR program is strictly voluntary and all parties must be willing to participate.
How may I learn about discrimination? The Human Rights Bureau has an education unit whose mission is to provide training and education to the public, especially employers, about unlawful discrimination and how to prevent it. If you would like information concerning our education program you may contact the Bureau at (505) 827-6838 or toll-free at 1-800-566-9471.
What is the Human Rights Commission? The Human Rights Commission is comprised of eleven citizens appointed by the governor to conduct hearings involving discrimination complaints. The eleven members volunteer their services and are not employees of the state. A commission hearing may be conducted by a single hearing officer or a three-member panel. The final decision in every case is made by a three-member panel either on cases the panel has heard or recommendations from the hearing officer.
What may I have awarded if I win my case? Under the Human Rights Act, the commission may award actual damages, e.g., back pay, front pay, compensatory damages and attorney’s fees.