Human Rights Hearing Information
Once a complaint alleging discrimination is certified for hearing by the Department of Labor & Industry’s Human Rights Bureau, the case is transferred to the Department’s Hearings Bureau for a contested case hearing. The hearing will generally take place in the county where the alleged discrimination took place.
The contested case hearing is much like a trial in District Court where the judge hears the case without a jury. The proceedings are initiated when the Hearings Bureau sends out a Notice of Hearing to the parties, which requires them to submit an appearance and a Preliminary Prehearing Statement which helps to define the issues for hearing. Then the Hearings Bureau sends out a Scheduling Order which sets a date for hearing, sets out a deadline and guidelines for discovery, deadlines for submitting any motions, a deadline for submitting exhibit and witness lists and a date for a final prehearing conference.
After the scheduling order is issued the parties conduct discovery, prepare any prehearing motions and generally prepare for the hearing. At any time, the parties may attempt to settle the case between themselves. The Hearings Bureau encourages settlement and can offer the parties the services of experienced mediators.
After the hearing, the parties generally submit post-hearing briefs together with proposed findings of fact, conclusions of law and decision. The Hearing Officer then issues a decision. Any party dissatisfied with the hearing officer’s decision may file an appeal with the Human Rights Commission. If no party files an appeal within 14days the decision becomes final and is not appealable to district court.
Acknowledgement of Service WP WORD
Individual Appearance and Preliminary Pre-Hearing Statement WP WORD
Business Appearance and Preliminary Pre-Hearing Statement WP WORD
Instructions for Completing Appearance and Preliminary Pre-Hearing Statement (PDF)
Standard Discovery Provisions (PDF)
Subpoenas - Available in WordPerfect & Word
- For a witness at hearing WP WORD
- For a witness at hearing together with certain documents WP WORD
- For documents only WP WORD
- For a witness’ deposition WP WORD
- For witness’ deposition together with certain documents WP WORD
- For a Rule 30(b)(6) deposition together with certain documents WP WORD
Corporations Must Be Represented by Counsel in DLI State Discrimination Law Contested Cases (PDF)
