evas5

Charges Filed with Civil Rights Commission

6 posts in this topic

I've filed a charge with the Iowa Civil Rights Commission, and I know they'll take a long time to get around to assigning the file to an investigator. Can I somehow secure written statements from witnesses to the events I discuss in the charge so those statements don't get lost to memory, so the claim has more probable cause for Investigation, etc? I highly doubt people that still work for the company are going to willingly provide their recollection, whether they are sympathetic or not, unless they are obligated to do so.

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Not sure why you started a new thread.Maybe the moderater can put this question with the original post so we can figure out what you are talking about without doing research.  If your question is whether you can compel witnesses to alleged discrimination to give you written statements, the answer is, "no".

 

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Sorry, I saw you had twenty or so previous posts and assumed this related to one.  In any event, the Civil Rights Commission does the investigation.  Simply filing a complaint does not give you the authority to compel discovery.

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Just now, RetiredinVA said:

Sorry, I saw you had twenty or so previous posts and assumed this related to one.  In any event, the Civil Rights Commission does the investigation.  Simply filing a complaint does not give you the authority to compel discovery.

I make a lot of threads on here. Some are related, some aren't. Some are even fully or partially theoretical.

 

I suppose I ask the question because of a WHD investigation I requested where they didn't contact me or my predecessor in the position, didn't pull my job description or any other records (pay, timecard, discipline, emails back and forth). I'd identified all as supporting my claim and they refused to use them before administratively closing the complaint. I never even knew they'd begun, I was waiting to get an investigator assigned as far as I knew.

 

How can I prevent the same thing from happening here, i.e. actually ensure the agency obtains evidence and uses it to make a decision? Question comes from someone who got burned by an agency, went to an attorney, and got representation overnight (with the same stuff the agency was offered.)

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At the appropriate time, provide the agency with a list of the information/evidence you suggest that they obtain and find out what their reaction is to doing that.

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On 1/11/2017 at 4:51 AM, evas5 said:

Can I somehow secure written statements from witnesses. . . ?

 

Can you?  We have no way of knowing.  If your intent was to ask whether it would be legal to do so, the answer is yes.  Better to have a lawyer handle it.

 

 

On 1/11/2017 at 4:51 AM, evas5 said:

I highly doubt people that still work for the company are going to willingly provide their recollection, whether they are sympathetic or not, unless they are obligated to do so.

 

No one is obligated to give you a statement unless you serve a subpoena in connection with pending litigation (or an administrative proceeding) or the person is on the witness stand.

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