§ 12-4-16. Complaints generally.  


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  • (a)

    Complaints under this chapter may be filed only by (i) any person claiming to have been injured by actions or conduct that are unlawful under this chapter (a "complainant"), or (ii) the human rights director where the director has probable cause to believe that one or more persons have been the subject of an unlawful discriminatory practice under this chapter. All complaints shall be made in writing, be under oath or affirmation and be accompanied by an affidavit. An additional copy shall be made for each respondent, if more than one. All complaints shall be on a form furnished by the human rights director, and shall state the name and address of each respondent, the address of the person filing the complaint (the complainant or the director), the date of the alleged offense and the alleged facts surrounding the acts complained of. The human rights director shall serve a copy of the complaint on each respondent. Each complaint shall be held in confidence by the human rights director unless or until the complainant or the director, as the case may be, and the respondent consent to its being made public, or until the time a hearing procedure such as described in section 12-4-21 has begun. A complaint must be filed within 300 days after the date of the actions or conduct alleged to be in violation of this chapter, except that a complaint alleging housing discrimination may be filed within 365 days of the alleged violation.

    (b)

    Where a complainant or respondent in a case filed with the human rights director is a person with a disability, the director shall provide reader services if blind, interpreter services if deaf, or other special services to persons with a disability as are appropriate.

    (c)

    Nothing in this chapter shall prevent any member of the human rights commission from filing a complaint if he or she claims himself or herself to be the subject of a discriminatory practice or to be a person aggrieved under this section. Such person shall disqualify himself or herself as a member of the commission when his or her complaint is before the commission for a public hearing and for disposition.

    (d)

    Nothing in this section shall be construed to prevent any person from filing a grievance with the commission which alleges actions or conduct that is discriminatory and which seeks the commission's good offices to conciliate, or to prevent the commission from seeking to conciliate such grievances, pursuant to section 12-4-15(a)(1). (Code 1963, Sec. 18A-16; Ord. No. 2517, 10/14/80, Sec. 13; Ord. No. 3128, 5/17/86, Sec. 5; Ord. No. 3446, 4/21/90, Sec. 2; Ord. No. 3498, 2/23/91, Sec. 12; Ord. No. 3729, 6/18/94, Sec. 4; Ord. No. 3850, 3/23/96, Sec. 9; Ord. No. 4549, 6/14/08, Sec. 12; Ord. No. 5126, 4/14/18, Sec. 1)