If you are served with a complaint, it is only after CRD has screened the information provided to ensure the allegations are with CRD jurisdiction. CRD screens all initial claims and rejects those that do not allege violations of the laws we enforce.. In most cases, the filing of a complaint does not mean that CRD has already determined whether there is reasonable cause to believe a civil rights law has been violated. Rather, it means that CRD has preliminarily determined that the laws that the department enforces cover the complaint’s parties and allegations. We investigate the facts and encourage parties to resolve the dispute in appropriate cases. CRD considers taking legal action if the dispute is not resolved and evidence supports a reasonable cause determination.
If you are served with a complaint, you must provide a response within the time specified by CRD in the letter accompanying the complaint. You are free to hire or consult with a lawyer, but the process does not require a lawyer. Here is what to expect after you have responded to the complaint:
You may be interviewed by CRD and/or asked for records and documents.
CRD offers free dispute resolution services to encourage parties to resolve the complaint in appropriate cases.
When parties can’t resolve a complaint, CRD continues an investigation to determine if there is reasonable cause to believe that a civil rights law has been violated. If not, the case is closed.
If CRD makes a reasonable cause determination, the parties are typically required to go to mediation. At mediation, the parties have the opportunity to reach an agreement to resolve the dispute and close the case.
If the case is not resolved in a mediation, CRD may file a lawsuit in court.